The heating season has begun in New York: what to do if the apartment is cold

It's getting cold outside. But the heating season has officially begun. Tenants in New York City will soon wake up to the smell of burning dust and the sound of old radiators. Gothamist.

Jared Reiser, staff attorney for the New York Legal Aid Group and a member of the Division of Tenant Advocacy, spoke about what New Yorkers need to know about their right to stay warm.

What is the heating season?

The city designates the eight months from October 1 to May 31 as the heating season. This is the time during which heat must be provided under the following conditions:

During the daytime, from 6:00 am to 22:00 pm, if the outside temperature drops below 13 degrees, the inside temperature should be 20 degrees.

At night, from 22:00 to 6:00, the temperature inside must be at least 17 degrees, regardless of the temperature outside.

What should tenants do if their apartments are too cold?

The first step is to contact the owner.

Tenants of private buildings should contact their property management company, manager or landlords directly. NYCHA tenants should call the Customer Service Center at (718) 707-7771 or use MyNYCHA.

“I recommend that you get some kind of document confirming this communication,” Reiser said. -Either you contact them via email or text message. Even if you contact them by phone, follow up with an email just to say, “According to our conversation, this is what was discussed.”

This documentation may come in handy later if tenants need to take further action, such as calling the City's 311 complaints service.

If the landlord does not want to fix the heating, call 311 and report a violation of the housing code. Tenants should also start collecting evidence by keeping a heat log using a thermometer available at most stores.

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The New York City Department of Housing and Preservation will then attempt to notify the owner. And if the heat is not restored, an inspector will be sent to the apartment to check the complaint and issue a resolution on the violation. The violation will be posted online and sent to the landlord with a deadline for when they must fix the heating.

“The police are involved in this, and this sometimes pushes the landlord to solve the problem. If for some reason the landlord does not do anything, you need to file a lawsuit with HP,” said Reiser.

HP lawsuit is a lawsuit that a landlord can bring against a landlord who refuses to perform his obligations properly.

NYCHA Subsidized Housing Tenants Can File HP Claims

Tenants can start a housing court case against a landlord called an HP lawsuit. Both individuals and NYCHA residents can file HP Claims (tenant-initiated lawsuits to force landlords to complete necessary repairs to an apartment or building).

A violation can only be recorded if the inspector is in the apartment when the temperature is below the standard. And it is at this moment that the heat register will be especially useful.

“I will say that with HP's actions, they are moving quite slowly. It takes some time here,” Raiser said. But added that the judges recognize the urgency of violations regarding heat. - It will take some time. But I think you'll get a fix in the end."

Can tenants withhold rent due to lack of heat?

Lack of heat during the heating season is a violation of the New York Habitability Guarantee. Therefore, some tenants may waive rent if the problem is not corrected. Though Raiser said it should be used as a last resort. The landlord is likely to file a non-payment claim. Therefore, tenants should always defer rent to reduce the risk of eviction.

“In a tenant strike, the first thing that is always important is to save money. Every month you strike on rent, take it away,” Reiser said.

What happens if the owner does not comply with the heat supply rules?

If service is not restored after filing a 311 complaint, the inspector will go to the building. He will check the complaint and issue a violation protocol.

No heat violations are considered class C violations. Owners will be fined between $250 and $500 per day for each initial heat violation. Subsequent violations during the same or the next heat season will be subject to fines ranging from $500 to $1000 per day.

If the building owner fails to restore heat and hot water after a violation is reported, the HPD Emergency Repair Program may come into effect and contract private companies to correct the problem. Owners will be billed for repairs.