Electric heating is still quite rare in New York, says Adam Frisch, senior managing director of leasing at Lee & Associates, a management firm that represents small building owners in Manhattan. New York City Heat Regulations state that the temperature in your home should be at least 68 degrees Fahrenheit between 6 a.m. and 10 p.m. when the outside temperature drops below 55 degrees. At night (between 10 p.m. and 6 a.m.), the indoor temperature should be at least 62 degrees Fahrenheit. New Yorkers living in pre-war apartments often have to deal with old, noisy, hard-to-control steam heaters — the heat is usually covered by rent. Those in the new developments are usually able to set their own thermostat – but usually pay for their own heating, a scenario that occurs when a building has electric heating. Lack of hot water: For approx. $10.00 You can buy a water temperature thermometer (or reuse a cooking thermometer).
Let the water run for 5-7 minutes and record a video of yourself in which you measure the temperature. New York`s heat laws were introduced to protect you, especially during the cold winter months. Property managers are expected to provide hot water to your home year-round and maintain a certain level of warmth even in winter. Familiarize yourself with the laws so you know what to expect from your property manager. The one who wrote “Baby, It`s Cold Outside” may not have spent much time in some New York apartments. Because baby, sometimes it`s cold inside! In fact, between 2019 and 2020, 98,320 unique heating and hot water issues were reported to 311. It`s not (uh) cool. If your own underlay is less than soft, you can do more than invest in flannel sheets and ugly holiday sweaters. You can assert your rights as a tenant under New York`s heating law. Under New York`s heating law, your landlord must provide heating and hot water. So, if you are cold, do not go crazy, act – these tips will help you. Your rights as a tenant include the right to fair housing, limited advance payments, and safe housing.
Access to heating and hot water in winter is not a luxury, it is one of your rights as a tenant under New York`s heating laws. If you go to your district housing court, the clerk will help you fill out a “case declaration order that orders correction of violations.” In order to report reasons and petitions, you will list the lack of warmth and supporting details of your request. You can also mention any other condition that requires repair in each room of the apartment and common areas. When you submit the HP procedure, you have the option to request an inspection of your home from the Department of Housing Preservation and Development (HPD). However, in order to get a faster date/appearance, you can request an inspection after the first court appearance. Failure to provide heating or hot water is an “immediate danger” or “Class C” violation that can result in a fine of $250.00 per day (unfortunately only recoverable by the city). As soon as you call 311, HPD will immediately notify your landlord of the complaint by phone or email. HPD charges a $200 fee for all inspections after the first two if they result in a heat outbreak during the same hot season (October to May) or a hot water violation in a calendar year. These fees are in addition to the civil penalties that may be imposed by the housing court.
These fees are not paid directly to HPD, but are billed to the owner through the Ministry of Finance on the quarterly invoice after the inspection. All outstanding fees become a debt of the owner and a lien on the premises. The tax lien bears interest and can be sold and/or enforced to recover the amount owed to the city through the sale of the tax lien. Your complaint will likely win if HPD has already placed a heating or hot water violation in your building. Keep in mind that you and your neighbors may need to call 311 several times before an inspector determines a violation. Call often! If your landlord doesn`t comply, you should report the problem to the city. For more information, check out Brick Underground`s complete guide to heating for tenants. Lack of heat: Most mom stores sell a thermometer designed to measure air temperature (not human body temperature!) for a few bucks. Here are some tips on the heat log: If the property manager doesn`t respond to the report immediately, tenants can call 311 to file their heat complaints in New York City. Technically, you can withhold your rent, or at least part of it, if the property manager doesn`t provide you with heating.
However, this option should be considered with caution. The property manager can sue you for non-payment or partial payment of rent. Sure, you can file a countersuit against your property manager for violating the habitability mandate based on New York`s heating laws, but then the court must order a rent reduction. In large buildings, it is difficult to balance heat between units of different sizes on several floors. Since many pre-war buildings do not allow tenants to control their heating in each apartment, tenants of older apartments/buildings often face too much heat, which can become very annoying. To combat this problem, tenants can install a device called a radiator thermostatic valve on older radiators. This device can regulate the amount of heat coming out of the radiator. However, it costs your landlord a few hundred dollars, and there`s no guarantee that homeowners will agree to install them. As a last resort, tenants may need to break windows to get rid of hot temperatures. HPD typically takes legal action for all heat-related offenses and some hot water offenses. The Agency may request the following penalties, which will apply from the date of publication of the notice of violation until the date the violation is corrected: If your landlord doesn`t respond quickly, start gathering evidence! Keep a heat and hot water record (click here for a sample). New York State`s Division of Homes and Community Renewal (DHCR) has the authority to freeze or even reduce rents in rent-stabilized and rent-controlled apartments due to a lack of services such as heat and hot water.
To file a complaint, complete the DHCR Heating and Hot Water Complaint Form online and follow the instructions carefully. Excessive heat? In rare cases, HPD will place an injury for excessive heat in an apartment. DPH will likely only be an injury due to excessive heat outside the warm season (June 1 to September 30). If you think your apartment is too hot, contact your landlord first. If your landlord doesn`t fix the problem, you can call 311 to request a city inspection. Calling 311 or starting an HP action can upset your landlord. A disgruntled landlord may refuse to renew your lease or increase your rent. This is unlawful retaliation.