New York City's legally mandated heat season begins Oct. 1 and runs through May 31 of next year. During this period, building owners must keep indoor temperatures at 68 degrees or higher during the day (6 a.m. to 10 p.m.) when the outside temperature falls below 55 degrees Fahrenheit, and at 62 degrees or higher at night (10 p.m. to 6 a.m.) regardless of the outside temperature. Violators face civil penalties of $250 to $500 per day starting with the first violation. Tenants can first notify their landlord and, if the problem is not resolved, report it to 311.
New York City's legal Heat Season begins Oct. 1. According to the city's Department of Housing Preservation and Development (HPD), building owners are legally required to provide heat to tenants for eight months, from Oct. 1 through May 31 of next year. During the day, between 6 a.m. and 10 p.m., indoor temperatures must be at least 68 degrees Fahrenheit (about 20 degrees Celsius) when the outside temperature drops below 55 degrees (about 13 degrees Celsius). At night, between 10 p.m. and 6 a.m., indoor temperatures must be kept at 62 degrees (about 17 degrees Celsius) or higher regardless of the outside temperature. Hot water must be supplied at a minimum of 120 degrees (49 degrees Celsius) all year round, regardless of the season.
If there is no heat, tell your landlord first, then call 311
If you have no heat or hot water, the quickest fix is to notify your landlord or building superintendent first. If the landlord does not respond, you can report the problem by calling 311, online at nyc.gov/311, or through the 311 mobile app. The TTY number for the hearing impaired is (212) 504-4115. Reports can also be made anonymously, in which case an inspector will randomly select apartments in the building and attempt to inspect them. Once a complaint is received, HPD contacts the building owner about the heat problem and checks with the tenant to see whether service has been restored. If there is still no heat, or if the tenant cannot be reached, HPD sends an inspector to the site.
Violations are determined based on temperatures measured by the inspector. A violation notice is issued if, during the day, the outside temperature at the time of inspection is below 55 degrees and the indoor temperature is below 68 degrees, or if, at night, the indoor temperature is below 62 degrees. If no one is home when the inspector visits, the inspector leaves a card explaining that inspection will be attempted in other apartments.
Fines accrue daily from the date of the violation notice until the date the violation is corrected
HPD can bring court action over heat and hot water violations and seeks civil penalties of $250 to $500 per day for a first violation, from the date the violation notice is posted until the date it is corrected. For repeat violations in the same building in the same year or the following year, or in the same heat season, the penalty is $500 to $1,000 per day. If the fines are not paid, HPD registers a judgment against the owner and the building and moves to enforce it. Some building owners may substitute a $250 payment for the fine if they submit a notice of correction within the deadline. If heat is not restored after a violation notice is issued and the indoor temperature falls below 64 degrees during the day or 58 degrees at night, HPD's Emergency Repair Program sends a private contractor to restore heat and bills the owner for the costs and fees. Whether a building is subject to heat litigation can be checked under the litigation section of HPD Online (HPDONLINE).
In New Jersey, under the state's multiple dwelling regulations (N.J.A.C. 5:10-14.4), from Oct. 1 through May 1 of the following year, indoor temperatures must be kept at 68 degrees from 6 a.m. to 11 p.m. and at 65 degrees or higher from 11 p.m. to 6 a.m. Some cities and towns also have separate ordinances. New Jersey tenants can file a complaint with their city or town's buildings department or with the Bureau of Housing Inspection at the state Department of Community Affairs (DCA).