Key Legal Requirements in NYC
In New York City, heat and hot water are considered essential services under the Housing Maintenance Code and related statutes.
Here are the main obligations landlords must meet during Heat Season (October 1 to May 31):
| Time Period | Condition | Required Interior Temperature |
|---|---|---|
| Day (6:00 AM – 10:00 PM) when outdoor temp < 55 °F | Outdoor is cold enough to trigger heating requirement | ≥ 68 °F indoors New York City Government+4New York City Government+4New York State Attorney General+4 |
| Night (10:00 PM – 6:00 AM) | Regardless of outdoor temp | ≥ 62 °F indoors The City+4New York City Government+4New York City Government+4 |
In addition:
- Hot water must be available all year round at a minimum temperature (120 °F) at the tap.
- Landlords must maintain and repair heating systems so they are capable of meeting these standards.
- Tenants have the right to obtain records of past heating costs or bills when the lease requires them to pay heating or cooling.
If a landlord fails to provide adequate heat or hot water, tenants may:
- File a complaint via 311 (NYC’s municipal hotline) or online, which routes to HPD (Housing Preservation Department).
- HPD may issue violations (Class C, “immediately hazardous”) which require correction, and fines may be imposed.
- Use the Emergency Repair Program under certain circumstances, with costs passed to the landlord.
- In rent-regulated apartments, tenants may seek rent reductions if heating is not provided (decrease in essential services).
Also noteworthy: The City has implemented or is expanding a Heat Sensor Program in some buildings to monitor indoor temperatures and better enforce compliance.