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NYC Heat Rights: What Temperature Is Required and What to Do If You Have No Heat

RenterBuzz · NYC Renter's Survival Guide

No heat in a New York City winter is not just uncomfortable — it is illegal. NYC has some of the strictest heat requirements in the country, and your landlord faces significant fines for failing to comply. Here is exactly what you are entitled to and how to fight back.

The Legal Temperature Requirements

NYC law (Multiple Dwelling Law and Housing Maintenance Code) sets specific minimum temperatures your landlord must maintain:

  • October 1 through May 31 (Heat Season):
    • Between 6 AM and 10 PM: At least 68°F when outdoor temperature drops below 55°F
    • Between 10 PM and 6 AM: At least 62°F regardless of outdoor temperature
  • Hot water: Year-round, 24 hours a day: At least 120°F at the tap

These are minimums — not suggestions. Your landlord cannot override them in a lease.

What to Do Right Now If You Have No Heat

  • Check your thermostat and document the indoor temperature with a thermometer
  • Take a photo or video showing the temperature reading with timestamp
  • Note the outdoor temperature at the time (weather.gov or your phone)
  • Call your super or building manager immediately and document the call
  • If no response within a few hours, call 311 to file an emergency heat complaint
  • HPD has emergency inspectors for heat complaints during heat season

How to File a Heat Complaint

Call 311 or visit 311.nyc.gov and select "Heat and Hot Water." An HPD inspector will be dispatched — often within 24 hours during heat season. When an inspector confirms the violation, HPD issues a Class C (immediately hazardous) violation against the building, which appears in the public record and on RenterBuzz.

Your Rights When There Is No Heat

  • Rent reduction: You may be entitled to a reduction in rent for the period without heat
  • Hotel costs: In extreme cases where the apartment is uninhabitable, you may be entitled to hotel costs
  • HP Action: You can file in Housing Court to compel repairs and seek rent abatement
  • Rent withholding: With proper legal guidance, you may be able to withhold rent — consult a tenant attorney first

Check a Building's Heat History Before You Move In

Before signing a lease, search the building on RenterBuzz. The 311 Complaints panel shows every heat and hot water complaint filed over the past two years. A building with dozens of HEAT/HOT WATER complaints is a major red flag — no matter how nice the apartment looks during a summer showing.

Documenting Ongoing Heat Problems

  • Keep a written log: date, time, indoor temp, outdoor temp, who you contacted
  • File a 311 complaint every time the heat fails — each complaint creates a public record
  • Take photos of your thermostat every time the heat is out
  • Send written notices to your landlord by email so there is a paper trail
  • Contact Met Council on Housing hotline: 212-979-0611

Landlord Fines for Heat Violations

HPD can fine landlords $250 to $1,000 per day for heat violations during heat season, and up to $10,000 for egregious or repeated violations. These fines escalate quickly for landlords who ignore violations — creating strong incentive to fix the problem fast once an HPD violation is issued.

Ready to research your next building?

Check HPD violations, 311 complaints, and real renter reviews on RenterBuzz.