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

Bushwick

287 Cornelia Street

$2,175 No Fee

1 |

1

Flatbush

1471 Nostrand Avenue

$2,400 No Fee

1 |

1

Midwood

1792 Ocean Avenue

$2,429 No Fee

1 |

1

Flatbush

286 Linden Boulevard

$2,495 No Fee

1 |

1

Williamsburg

53 Graham Avenue

$2,400 No Fee

1 |

1

Prospect Heights

195 Underhill Avenue

$2,498 No Fee

Studio |

1

Crown Heights

2303A Pacific Street

$2,350 No Fee

2 |

1

Bushwick

820 Wyckoff Avenue

$2,495 No Fee

1 |

1

East Flatbush

824 East New York Avenue

$2,400 No Fee

1 |

1

Prospect Park South

1620 Caton Avenue

$2,395 No Fee

Studio |

1

Williamsburg

314 Bedford Avenue

$2,300 No Fee

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1

Kensington

430 Ocean Parkway

$2,450 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

Hell’s Kitchen

554 West 50th Street

$2,276 No Fee

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1

Central Harlem

252 West 149th Street

$2,225 No Fee

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1

Upper East Side

166 East 82nd Street

$2,800 No Fee

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1

Yorkville

401 East 89th Street

$2,475 No Fee

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1

East Village

338 East 14th Street

$2,829 No Fee

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1

South Harlem

115 West 117th Street

$2,500 No Fee

Studio |

1.5

Hamilton Heights

410 West 145th Street

$1,775 No Fee

Studio |

1

Hell’s Kitchen

537 West 49th Street

$2,300 No Fee

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1

Yorkville

306 East 83rd Street

$2,200 No Fee

1 |

1

Upper West Side

148 West 80th Street

$2,500 No Fee

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1

East Harlem

334 East 105th Street

$2,500 No Fee

2 |

1

East Harlem

340 East 105th Street

$2,500 No Fee

2 |

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

Briarwood

142-10 Hoover Avenue

$1,750 No Fee

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1

Astoria

34-33 43rd Street

$2,600 No Fee

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1

Astoria

25-37 43rd Street

$2,700 No Fee

2 |

1

Elmhurst

90-02 Queens Boulevard

$2,500 No Fee

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1

Elmhurst

90-02 Queens Boulevard

$2,600 No Fee

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1

Glendale

65-05 Central Avenue

$2,100 No Fee

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1

Astoria

25-21 31st Avenue

$2,350 No Fee

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1

Astoria

28-23 42nd Street

$1,812 No Fee

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1

Sunnyside

45-56 42nd Street

$2,375 No Fee

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1

Jamaica Estates

87-01 Midland Parkway

$1,675 No Fee

Studio |

1

Forest Hills

76-16 Grand Central Parkway

$2,800 No Fee

2 |

1

Astoria

34-50 28th Street

$1,487 No Fee

Studio |

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.