NYC Renters’ Rights: Heat, Hot Water and Repairs

The Heat Rules

Building owners in New York City are legally required to provide heat and hot water to their tenants. During heat season, October 1 through May 31, the minimums are:

• Between 6:00am and 10:00pm, if the outside temperature falls below 55 degrees Fahrenheit, the inside temperature must be at least 68 degrees.
• Between 10:00pm and 6:00am, the inside temperature must be at least 62 degrees, regardless of the temperature outside.

Buy a cheap thermometer. A dated photo of it reading 61 degrees is better evidence than "it was cold".

Hot Water

Hot water has no season. It must be available 365 days a year at a constant minimum of 120 degrees Fahrenheit. A boiler that is "being worked on" for a week is still a violation.

Repairs and the Warranty of Habitability

Every residential lease in New York includes a warranty of habitability, whether or not the lease mentions it. It means the landlord must keep the apartment and the common areas livable and sanitary, and a lease clause that waives it is void.

In practice, owners must keep the building in good repair and fix things such as leaks, broken locks, no gas or electricity, pests and peeling paint. Tenants have duties too: do not damage the apartment, keep smoke and carbon monoxide detectors working, and give the owner access to make required repairs.

How to Get a Repair Made

1. Tell the landlord or super in writing: a text or email with the date, the problem and a photo. Keep everything.
2. Give a reasonable time to respond. No heat in January is an emergency; a dripping tap is not.
3. If nothing happens, file a complaint with 311: by phone, online or in the 311 app. For heat and hot water you can file as soon as contacting the landlord has not worked.
4. Keep the complaint number. You can check its status online.
5. Follow up in writing with the landlord, quoting the complaint number.

What Happens After You Call 311

Housing complaints go to HPD, the Department of Housing Preservation and Development. For a heat or hot water complaint, HPD tries to contact the owner or managing agent, may call you to see whether service is back, and can send an inspector.

If the inspector finds the temperature below the legal minimum, HPD issues a violation. The civil penalties are $250 to $500 a day for a first heat or hot water violation and $500 to $1,000 a day for later ones at the same building.

If the Problem Continues

• Housing Court: a tenant can start an "HP action" asking a judge to order the landlord to make repairs. You file at the Housing Court clerk’s office and do not need a lawyer to start.
• Rent-regulated apartments: you can also complain to the state housing agency, which can order a rent reduction for missing services.
• Legal help: call 311 and ask for the Tenant Helpline.

Do not stop paying rent on your own as a tactic. Withholding rent can lead to an eviction case, so get legal advice first.

If You Are Subletting

The same building rules apply whoever is sleeping there, but your agreement is with the tenant, not the landlord. Report problems to the tenant in writing straight away and ask them to pass it to the landlord or super. Anyone in the city can file a 311 complaint about no heat or hot water.

• Sublet Problems and What to Do