New York winters can get very cold, and by law your landlord must provide adequate heat and hot water during this time. This means that your apartment must be heated to at least 68 degrees Fahrenheit during the day and 62 degrees Fahrenheit at night. If your landlord does not provide adequate heat and hot water, you can file a complaint with the city.
Building owners are legally required to provide tenants with a certain level of heat and hot water.
During the heating season (October 1 through May 31)
- The heat must be set to at least 68 degrees Fahrenheit when the outside temperature is below 55 degrees between 6 a.m. and 10 p.m.
- The temperature must remain above 62 degrees Fahrenheit between 10 p.m. and 6 a.m.
Hot water must be available 24 hours a day, every day of the year
- The water must maintain a temperature of at least 120 degrees Fahrenheit.
- If your maximum shower temperature is limited to 120 degrees, your water heater should typically be set to at least 110 degrees to ensure consistent hot water.
According to NYC heating regulations, landlords must provide adequate heating for tenants. Without sufficient heat, the apartment may be considered uninhabitable and the tenant can file a complaint with the city. The city will investigate the complaint, and if the landlord is found to be violating heating regulations, they may be fined. New York City tenants are legally entitled to have an apartment that is properly heated during the winter months.
How to File a Complaint
- You can notify your landlord in writing by sending a letter, email, or making a phone call. The procedures for submitting a maintenance request should be outlined in your lease or building rules. It is helpful to keep your building superintendent’s contact information available so you can request repairs quickly. Regardless of how you notify your landlord, it is strongly recommended to keep copies of all written communication for your records.
- Go online to The Official Website of the City of New York. Click on Report Problems and then select “Apartment Maintenance Complaint.” This will open a form that you can complete and submit online.
- You can also make an online appointment if you need to speak with someone from HPD’s Code Enforcement office. Meetings may be held virtually through video conferencing or by telephone. Currently, a limited number of appointment slots are available while this service is being tested. Depending on demand, the number of time slots may change. Appointment services include mold or pest documentation, complaints, violation certifications, lead violation issues, and dismissal requests.
- After you file a complaint, 311 forwards the report to the Department of Housing Preservation and Development (HPD). HPD will investigate the complaint and notify the property owner. If the owner fixes the problem, HPD will close the case. If not, HPD may contact you to schedule an inspection of your apartment. If inspectors confirm that there is no heat or hot water, they will issue a violation and fine the landlord until the problem is corrected. Once the owner submits proof that the issue has been resolved, HPD will send the tenant a certification notice. HPD may also conduct random re inspections to verify that repairs were properly completed.
- If you are not receiving adequate heat in your apartment, you may also have the right to withhold rent. If you decide to do this, it is important to document your complaint and notify your landlord in writing. The letter should explain that rent is being withheld because the apartment is not habitable due to lack of heat. If you have a lease agreement, you should include a copy with your notice.
- If your landlord does not restore heat promptly, you may legally withhold rent under the NYC warranty of habitability. This warranty guarantees that your apartment must remain safe and suitable for living. However, withholding rent should be considered only as a last resort. If rent is not paid, your landlord could attempt to start eviction proceedings. Because this process can be complex and time consuming, tenants are generally advised to seek legal guidance before taking this step.
