Whoever wrote “Baby, It’s Cold Outside” may not have spent much time in some New York City apartments. Because baby, sometimes it’s cold inside, too! In fact, during the 2021-22 winter season, there were a whopping 131,695 heat and hot water problems reported to 311. That’s not (ahem) cool. If your own pad is less than balmy, you can do more than invest in flannel sheets and ugly holiday sweaters. You can pursue your rights as a tenant under the NYC Heat Law. Under the NYC Heat Law, your landlord must provide heat and hot water. So if you’re freezing don’t get boiling mad, take action — these tips will help.

Brooklyn Rentals Under $2,500 on StreetEasy Article continues below

Bedford-Stuyvesant

33 Brevoort Place

$1,308 No Fee

Studio |

1

Bushwick

965 Broadway

$2,400 No Fee

1 |

1

Bay Ridge

7311 Fourth Avenue

$1,699 No Fee

1 |

1

Prospect Lefferts Gardens

375 Lefferts Avenue

$1,999 No Fee

Studio |

1

East New York

453 Pennsylvan Avenue

$2,000 No Fee

2 |

1

Weeksville

395 Schenectady Avenue

$2,200 No Fee

1 |

1

Borough Park

1115 63rd Street

$1,800 No Fee

1 |

1

Kensington

110 Ocean Parkway

$1,900 No Fee

Studio |

1

Bushwick

15 Lawton Street

$2,200 No Fee

Studio |

1

Bedford-Stuyvesant

837 Bedford Avenue

$2,350 No Fee

1 |

1

East New York

52 Malta Street

$2,495 No Fee

2 |

1

Fort Hamilton

364 93rd Street

$1,935 No Fee

1 |

1

When Is NYC Heat Season?

The NYC “Heat Season” is charmingly titled but a bit of an oxymoron. It runs in the more frigid times: October 1 through May 31. The NYC Heat Law states that you are entitled to have your apartment kept at a certain temperature during the heating season. That is 68 degrees during the day if it’s below 55 degrees outside. At night, it is 62 degrees, regardless of the outdoor temperature. By the way — “night” translates from 10 p.m. until 6 a.m. (Sure, this is the city that never sleeps, but those are times when most folks catch their zzz’s).

Manhattan Rentals Under $3000 on StreetEasy Article continues below

Yorkville

301 East 79th Street

$2,850 No Fee

Studio |

1

East Village

102 Saint Mark’s Place

$2,675 No Fee

1 |

1

Lenox Hill

1275 Third Avenue

$2,900 No Fee

1 |

1

Chelsea

249 West 26th Street

$2,895 No Fee

Studio |

1

East Harlem

1968 Third Avenue

$1,895 No Fee

1 |

1

East Harlem

203 East 121st Street

$2,299 No Fee

Studio |

1

Upper West Side

53 West 72nd Street

$2,615 No Fee

Studio |

1

Washington Heights

507 West 170th Street

$2,325 No Fee

2 |

1

Central Harlem

225 West 136th Street

$2,625 No Fee

2 |

1

Yorkville

518 East 81st Street

$1,982 No Fee

1 |

1

Yorkville

418 East 89th Street

$2,500 No Fee

1 |

1

Lenox Hill

242 East 79th Street

$2,550 No Fee

Studio |

1

What If You Don’t Have Heat and Hot Water?

“When a home is 62 degrees inside at night, it will likely feel very cold to any reasonable mind, and one may easily feel the unit is not properly heated,” says Jamie Heiberger Harrison, partner at SDK HEIBERGER LLP. “Now, if a unit really doesn’t have heat or it’s less than allowed by law, then the tenant can vacate and claim constructive eviction and seek compensation.”

What Is Constructive Eviction?

In a nutshell, it’s when living conditions in an apartment are so intolerable the tenant is forced to vacate. However, it should not be your first course of action.

What To Consider

Justin La Mort, a housing rights attorney in Brooklyn, recommends that the first thing you should do is to contact your landlord immediately. Your lease should outline the steps you need to take to report damages and needed repairs. If it is an emergency, call the landlord to notify them of your problem ASAP and follow up with a written notification — email is fine. Make sure to keep a copy of all written correspondence for your records.

If you’re struggling with a lack of heat and hot water, you may not be the only one. If other tenants in your building are without, it can help to band together. There is always strength in numbers. After all, think of all the things unions have accomplished. Weekends off! Work breaks!

If your landlord does not fix the problem in a reasonable amount of time, contact 311 to report the violation. Ask for the Tenant Helpline to speak to a live staff member and receive more immediate support. At this point, you also have the right to sue your landlord for breaking the warranty of habitability. You can begin an HP proceeding in housing court. An HP proceeding (“HP” stands for “Housing Part”) is the process by which you can force your landlord to make necessary repairs. 

For specific information about starting an HP proceeding, visit the housing court’s website. The court does have filing fees, but they can make exceptions for tenants who cannot afford them. 

Queens Rentals Under $3000 on StreetEasy Article continues below

Sunnyside

39-30 52nd Street

$1,775 No Fee

Studio |

1

Ditmars-Steinway

23-38 38th Street

$2,000 No Fee

1 |

1

Astoria

32-37 33rd Street

$2,399 No Fee

1 |

1

Rockaway Park

160 Beach 117th Street

$1,200 No Fee

1 |

1

Ditmars-Steinway

20-17 41st Street

$2,995 No Fee

2 |

1

Astoria

30-85 41st Street

$2,850 No Fee

2 |

1

Sunnyside

39-51 46th Street

$2,600 No Fee

1 |

1

Jackson Heights

35-51 94th Street

$1,850 No Fee

1 |

1

Sunnyside

43-15 46th Street

$2,000 No Fee

Studio |

1

Ditmars-Steinway

37-04 21st Avenue

$1,940 No Fee

2 |

1

Flushing

29-16 149th Street

$2,099 No Fee

1 |

1

Ditmars-Steinway

22-18 Steinway Street

$2,250 No Fee

1 |

1

Can You Withhold Your Rent if the NYC Heat Law Isn’t Followed?

If you’ve ever so much as waited for a subway train in frigid weather, you know how irksome being cold can be. Feeling chilly in your own home is way worse, especially when your landlord isn’t complying with the NYC Heat Law. 

As much as you might long to stiff your landlord on their next rent check, experts advise that you do not withhold your rent. “The ramifications of not paying rent can result in financial damages or ultimately lead to eviction,” Heiberger Harrison says. Attorney Steven Smollens advises taking your landlord to court instead. “It’s a far quicker method of obtaining justice than waiting to be sued for not paying rent.” 

What You’ll Need When You Appear in Court:

• Landlord’s name and address
• Name and address of managing agent (if there is one)
• Forms from housing court completed in full
• Correspondence between you and your landlord concerning your issues
• Receipts for services if you paid to have your heat or hot water fixed yourself, if applicable
• Inspection request (if you want your rental property inspected)

Anecdotally, you may fare better in court if you wear five sweaters, two scarves, and your cutest wool hat. (Kidding!) The NYC Heat Law and proper documentation are likely all you need on your side.