"Heating season" is now underway in the City of New York. From October 1, 2006 through May 31, 2007, residential landlords are required to provide their tenants with heat when warranted by outdoor temperatures.
By law, 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.
Noncompliance with these standards could expose owners to substantial fines and penalties, including up to $500 per day for the first violation and up to $1,000 per day for subsequent violations in the same calendar year.
Throughout the five boroughs, heating complaints are processed by the New York City Department of Housing Preservation and Development (HPD). If a heating deficiency is not corrected after you have contacted the owner, managing agent or superintendent, tenant mays contact 311 to file a complaint. If the owner fails to restore heat, or is otherwise unresponsive, the HPD's Emergency Repair Program may use private contractors to effect the necessary repairs to restore essential services and will bill the cost of those repairs to the owner.
Last year, there were 117,790 heat and hot water complaints filed in New York City, triggering HPD lawsuits against 2,680 landlords and resulting in the collection of some $2.1 million in related fines.
HPD has a Housing Education Program that offers courses for owners, managing agents, and superintendents about methods to responsibly reduce heating expenses while maintaining adequate services. For more information or to register for these programs, visit HPD's website or call 311.
For a copy of Housing Maintenance Code, Subchapter 2, Article 8 ("Heat and Hot Water"), Section 27-2029 ("Minimum temperature to be maintained."), please click on the following link: http://www.housingnyc.com/html/resources/hmc/sub2/art8.html
For more information about a residential tenant's rights relating to heat and hot water, please click on the following link: http://www.nyc.gov/html/hpd/html/tenants/heat-and-hot-water.shtml
For a copy of HPD's press release, "2006/2007 'Heat Season' Begins: HPD Enforces Laws Requiring Building Owners to Provide Heat," please click on the following link:
http://www.nyc.gov/html/hpd/html/pr2006/pr-10-01-06.shtml
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By the way, residential building owners are also required to provide hot water, seven days a week, at a minimum tap temperature of 120 degrees Fahrenheit.