NYC "HEAT & HOT WATER CASES" TAKE A DIP
It's always interesting when "good news" is ignored by the media.
But did you know that, last year, the number of heat and hot water complaints filed by New York City residents dropped from 117,790 (2005/2006) to 114,980 (2006/2007)?
What we found particularly interesting about the statistics released by the New York City Department of Housing Preservation & Development (HPD) is that the number of cases brought by the agency to compel the provision of essential services (such as heat and hot water) dropped from 2,680 to 2,616. And that the revenue generated from the associated fines and penalties dipped to $1,614,340 from the prior year's $2.1 million.
Is this yet another byproduct of global warming? [Maybe ... but we're waiting to hear back from Al Gore on that one.]
Is HPD being less vigilant enforcing the law? [We tend to doubt that. Since city agencies are judged (among other things) by the amount of revenue they generate for the municipality, we'd like to think the decline is attributable to landlords' compliance with the governing laws.]
Should be interesting to see how the 2007/2008 "heat season" unfolds.
Just by way of a quick recap, as of October 1, 2007, owners are required to provide residential tenants with an indoor temperature of at least 68 degrees Fahrenheit between 6:00 A.M. and 10:00 P.M. when the outdoor temperature falls below 55 degrees. Between the hours of 10:00 P.M. and 6:00 A.M., indoor temperatures must be maintained at a minimum of 55 degrees when the outdoor temperature falls below 40 degrees.
Hot water temperatures must remain at a constant minimum of 120 degrees Fahrenheit.
If you live in the five boroughs, lodging a complaint is as easy as dialing 311.
"Heat season" ends on May 31, 2008. Until then ... keep the heat on!
To download a copy of this year's "Heat Season" press release, please use this link: HPD 2007/2008
To download a copy of last year's "Heat Season" release, please use this link: HPD 2006/2007
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Comments
The issue is what role does NYC's heat and hot water complaint system play in securing legal compliance. We know from the Mayor's Management Report (2007 MMR) that there were 124.300 FY06 recorded complaints for heat and hot water.
Does it make a physical (politically I'm sure it does) difference to renters that NYC has a heat and hot water compliance system?
Isn't an initial tenant's call to the landlord the best approach? It would be nice to know how frequently it suffices? How about putting the landlord's (non-confidential) telephone number on the HPD web page to facilitate tenants and others making the call, and reminding building owners of multiple dwellings to post their Certificates of Inspection Visits with their required telephone number? (Likewise have it on rent bills and receipts.)
Normally, your office doesn't brush politics aside. There is no reason to do so here.
Why the drop to 2,616 HP cases when there were 11,300 violations issued for heat and hot water (FY06 MMR)? How many buildings were repeat violators? (Not Reported.)
How often were the same owners sued? (NR)
To what effect? (NR)
How quickly were the cases commenced? (NR)
Were those sued subsequently compliant with the law or did the fines reduce their ability to comply?
Is there compliance with the law because of concern over being sued? How a high a percentage of suits is needed to get increased compliance?
What stops HPD from suing in every heat and hot water violation? Could the Housing Court sustain it? Why doesn't HPD do it?
Bruce J. Gould*
*The writer is a fomer Judge of the Housing Court.
Posted by: Hon. Bruce Gould | January 7, 2008 6:30 PM
Judge Gould:
What a pleasure to hear from you! (Happy New Year!)
I hope these are all rhetorical questions ... cause I ain't about to answer 'em!
(Have you directed these inquiries to the City and/or HPD?)
Onward!
Posted by: Lucas A. Ferrara | January 7, 2008 6:31 PM