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.
Table of Contents
Brooklyn Rentals Under $2,500 on StreetEasyArticle continues below
Prospect Lefferts Gardens
542 Parkside Avenue
$1,800No Fee
1 |
1
Sunset Park
505 62nd Street
$1,972No Fee
1 |
1
Dyker Heights
922 72nd Street
$1,070No Fee
Studio |
1
Clinton Hill
515 Clinton Avenue
$2,179No Fee
Studio |
1
Flatbush
1522 New York Avenue
$2,200No Fee
Studio |
1
Crown Heights
951 Carroll Street
$1,900No Fee
Studio |
1
Williamsburg
461 Lorimer Street
$1,250No Fee
Studio |
1
East Flatbush
1626 Brooklyn Avenue
$2,499No Fee
2 |
1
East Flatbush
902 Clarkson Avenue
$1,906No Fee
1 |
1
Weeksville
1746 Union Street
$2,198No Fee
1 |
1
Prospect Lefferts Gardens
1244 Nostrand Avenue
$1,750No Fee
1 |
1
East Flatbush
1249 New York Avenue
$2,399No 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 StreetEasyArticle continues below
Midtown South
7 East 32nd Street
$2,895No Fee
Studio |
1
East Village
55 First Avenue
$2,800No Fee
Studio |
1
East Village
153 Avenue C
$2,475No Fee
1 |
1
Lower East Side
154 Orchard Street
$2,475No Fee
Studio |
1
Yorkville
423 East 82nd Street
$2,995No Fee
Studio |
1
East Harlem
412 East 116th Street
$2,800No Fee
2 |
1
West Village
284 West 12th Street
$2,595No Fee
Studio |
1
East Village
518 East 5th Street
$2,625No Fee
Studio |
1
Central Harlem
2847 Frederic Douglas Boulevard
$2,678No Fee
2 |
1
East Village
431 East Ninth Street
$2,990No Fee
2 |
1
West Harlem
100 Convent Avenue
$2,644No Fee
2 |
1
East Village
518 East 5th Street
$2,625No 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 StreetEasyArticle continues below
Ridgewood
59-23 Woodbine Street
$2,995No Fee
2 |
2
Rego Park
65-41 Saunders Street
$2,295No Fee
1 |
1
Kew Gardens
132-77 Metropolitan Avenue
$2,750No Fee
1 |
1
Maspeth
69-17 62 Drive
$2,195No Fee
1 |
1
Woodside
32-42 55th Street
$2,600No Fee
2 |
1
Elmhurst
42-42 Ithaca Street
$1,700No Fee
Studio |
1
Long Island City
36-20 Steinway Street
$2,908No Fee
Studio |
1
Astoria
31-42 45th Street
$2,498No Fee
2 |
1
Ditmars-Steinway
24-48 29th Street
$2,000No Fee
1 |
1
Forest Hills
112-15 72 Road
$2,195No Fee
1 |
1
Ridgewood
465 Seneca Avenue
$2,750No Fee
2 |
1
Ridgewood
505 Fairview Avenue
$2,899No Fee
2 |
1.5
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
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.