5 Things New York City Landlords Owe Renters Once Heat Season Starts

Nobody should need a coat indoors in their own apartment.

Renters in New York City have rules on their side during heat season, and New Yorkers can use them to push for a warmer home.

Here’s what your landlord owes you once the heat is supposed to be on.

Note: This is general information, not legal advice. Rental rules and notice periods are subject to change, so confirm the current requirements with the New York City Department of Housing Preservation and Development.

1. Minimum Indoor Temperatures

The city’s Department of Housing Preservation and Development (HPD) says heat season runs from October 1 through May 31.

Between 6 a.m. and 10 p.m., your landlord has to keep your apartment at 68 degrees or warmer whenever it’s below 55 degrees outside.

A 58-degree afternoon outside doesn’t trigger the day rule, but a 50-degree afternoon does.

From 10 p.m. to 6 a.m., the minimum drops to 62 degrees, and it applies no matter how warm it is outside.

2. Hot Water at 120 Degrees

Hot water is the other half of HPD’s heat rules, and it applies on every day of heat season.

Hot water has to be available 365 days a year at a constant minimum of 120 degrees Fahrenheit.

The minimum is constant, so it holds on a mild October afternoon too.

You can report a hot water failure through 311 or 311 Online, the same way you report no heat.

3. Livable Conditions

Your landlord owes you a livable apartment under the state’s warranty of habitability.

The state court system’s tenant guide to the warranty lists “no heat” as a violation of it.

If your landlord knew or should have known about a problem and didn’t fix it, you may be entitled to a rent reduction.

That reduction is called an abatement.

A judge decides how big the reduction is.

Under the statute, any agreement that waives or modifies those rights is void, so a lease can’t waive it.

4. Protection From Retaliation

State law presumes retaliation if your landlord serves a notice to quit or starts an eviction case within a year after your good-faith complaint, unless the landlord proves another reason.

The law covers good-faith complaints about a health or safety violation, whether you make them to your landlord, the landlord’s agent or a government agency.

A landlord also can’t retaliate by substantially changing the terms of your tenancy.

Examples include refusing to continue a tenancy and offering a new lease with an unreasonable rent increase.

Retaliation can bring a lawsuit for damages, attorney’s fees and costs.

The law doesn’t apply to owner-occupied dwellings with fewer than four units.

5. Protection From Harassment

HPD defines harassment by a landlord as any act or omission that causes, or is meant to cause, a tenant to give up rights tied to the unit.

Examples include repeated interruptions of essential services, such as heat, water or electricity.

If you believe your landlord is withholding services or neglecting repairs to force you out, you can contact HPD’s Anti-Harassment Unit by calling 311.

Tenants can also bring a harassment claim in Housing Court.

How HPD Handles a Heat Complaint

Heat problems start with your landlord, so contact them first.

If your landlord doesn’t answer, you can file a complaint by calling 311 or using 311 Online.

HPD says it then attempts to notify the owner, may try to contact you to see whether heat is back, and attempts an inspection if you say it isn’t.

Fines for Heat Violations

If your building draws a heat violation, the owner faces fines of $250 to $500 a day for a first violation.

Each later violation at the same building in the same or next calendar year costs $500 to $1,000 a day.

HPD also charges owners a $200 fee for inspections after the first two that lead to violations in the same season.

Complaints don’t always become violations.

In the 2023 season, the Comptroller’s report counted 9,217 violations, a 4.5% rate, against a 2017-2024 average of about 3%.

Court-Ordered Repairs

What if the heat stays off and your landlord stalls?

An HP action, short for Housing Part, is an application asking the court to order your landlord to make repairs.

You can start one when the landlord fails to make repairs after a complaint, the court’s page says.

An inspection report from HPD isn’t necessary to start your case.

There’s a filing fee, but you can apply for a fee waiver.

Justfix.nyc is a non-profit site that helps you prepare and file the papers electronically at no cost.

HPD says you can fill out an inspection request form to get an inspection before your court date.

If the owner ignores the order, you may return to court to seek civil penalties or contempt of court.

The landlord may also have to pay a fine.

How Heat Complaints Close

Between 2022 and 2024, the Comptroller’s report found, the complainant confirmed to HPD that heat was restored when the agency made contact in 56% of cases.

In another 15% of cases, complaints from those years closed when an inspector was advised by a tenant in the building that heat was restored.

HPD Emergency Repairs

If your landlord ignores a cold building, you may see HPD take over the repair.

Through its Emergency Repair Program, HPD may contract with private companies to restore heat and bill the owner for the cost of the repairs plus related fees.

If the owner doesn't pay, an unpaid repair bill becomes a tax lien on the building, and the city can sell it or foreclose.