A reader sent us the following question:
Thank you for your post that let me know more about the law of lease. However, I have a question for more details.
I am a renter of a house. The owner of the house promised to provide heat. By the law, which you have mentioned, whenever the outside temperatures dip below 55 degrees Fahrenheit, building owners must maintain an indoor temperature of at least 68 degrees Fahrenheit between the hours of 6:00 a.m. to 10:00 p.m. From 10:00 p.m. to 6:00 a.m., whenever exterior temperatures fall below 40 degrees Fahrenheit, landlords must maintain an indoor temperature of at least 55 degrees Fahrenheit.
My question is that what if the outside temperature is below the law says (40F night, 55F day) but indoor is above 55F and 68F respectively? Do I have the right to ask for the owner to provide heat to us?
55F is cold for my family, we just can't stand with it. Looking for your reply. Thank you very much!
-K. Hung
Sorry to hear about your family's discomfort, particularly as we approach the holiday season.
Generally speaking, if the law's minimum temperatures are met, and the lease is silent as to the temperature levels to be provided, a landlord would not be under a legal obligation to supply more heat (or higher temperatures).*
With that said, you should still address the situation with the owner and request that the temperature be raised. It is certainly possible that you may be able to reach an amicable resolution of the problem.
Without the owner's cooperation, you may need to explore other options, like wearing additional layers of clothing, securing the appropriate space heaters, and/or, relocating to another apartment (in another building) upon the expiration of your lease.
Stay warm!
For additional information about the 2007/2008 "Heat Season," please use this link: HPD Press Release (October 1, 2007)
To view a recent post on this topic, please use this link: Number of New York City "Heat & Hot Water" Cases Take A Dip
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*Please keep in mind that his forum is intended to provide readers with generalized information and commentary. Thus, the foregoing response does not constitute legal advice nor a definitive response to the question presented. Readers are strongly encouraged to consult with an attorney to secure a formal opinion which will more adequately and directly pertain to their particular circumstances.