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New York State Heat Laws

24 NOVEMBRE 2022 by fpfadmin

Excessive heat: If your landlord heats your apartment outside the hot season, you can call 311 to report an excessive heat violation. NEW YORK, NY — The Department of Housing Preservation and Development today announced the start of New York City`s « hot season, » which requires all homeowners to keep their indoor temperature at 68 degrees when the outside temperature drops below 55 degrees during the day. Indoor temperatures should also be at least 62 degrees overnight, regardless of outside temperatures. Building owners are required by law to provide hot water at 120 degrees all year round. In New York, tenants are expressly entitled to a properly heated apartment during the winter months. According to New York City`s Department of Housing Preservation and Development (HPD), property owners and managers are required to provide hot water year-round. In addition, during the « hot season », which lasts from October 1 to May 31, heat must be provided under certain conditions. 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 heat logs: If a landlord doesn`t follow heating and hot water laws, the tenant has recourse.

The tenant can withhold the rent until the problem is resolved, and if the landlord initiates proceedings against non-payment of rent, the tenant has the option to deposit the rent with the court. If the tenant wins, the rent deposited will be refunded. 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. New York City`s heating bill is similar to that imposed at the state level. The 2020 New York State Property Care Code requires building owners to maintain a minimum temperature of 68 degrees in all living spaces between September 15 and May 31. In reality, 68 degrees can still be too cold for some tenants. In this case, tenants may consider installing electric heaters to properly heat their home.

However, before installing electric heaters, tenants must ensure that they take the necessary fire safety precautions. First and foremost, an electric heater should never be kept near anything that can catch fire, such as carpets or furniture. In addition, heaters should be kept on flat surfaces to prevent spills and fires. Finally, space heaters should never be installed on a power strip. Instead, they should be installed in a dedicated outlet. Keep in mind that electric heaters consume a lot of electricity and increase your bill. With the onset of the « hot season », the city is reminding tenants, landlords and landlords of the temperature requirements for all apartments and the availability of financial support for owner-occupied properties. « As we continue our efforts to protect New Yorkers during this pandemic, it is important that we get the groundwork, including ensuring that everyone has access to safe and decent living conditions, » said Senator Brian Kavanagh, Chair of the Senate Housing Committee. « So now is a good time to remind tenants and landlords that our heating and hot water laws are in place.

I commend the Department of Housing Preservation and Development for its increased efforts to enforce these laws to ensure the safety of city dwellers in their homes. If an apartment does not have sufficient heating and/or hot water, tenants should first try to notify the owner, manager or superintendent of the building. If service is not restored, the tenant must file a formal complaint about 311. To file a complaint, tenants can call 311, visit 311 online, or use the 311Mobile app (on Android and iOS devices) to file a complaint. Hearing-impaired tenants can file a complaint about a deaf keyboard dialer (TTY) at (212) 504-4115. In a recent example, it was determined that the cause of the devastating fire at the Twin Parks North West residential building in the Bronx in January was faulty space heating. Twin Parks North West has a long history of heating violations, and some have pointed out that building management may be partly responsible for the tragedy by forcing its tenants to rely on radiators rather than properly heating the building in the first place. A New York tenant`s right to heating is also guaranteed by the Multi-Family Housing Act as well as the Multiple Residences Act. The laws state that if heat is provided, it must be sufficient to maintain an indoor temperature in the unit of at least 68 degrees Fahrenheit between 6 a.m. and 10 p.m. when the outside temperature is below 55 degrees. From 10 p.m.

to 6 a.m., the indoor temperature must be kept at 55 degrees or higher if the outside temperature is below 40 degrees. These rules apply from 1 October to 31 May. During the last hot season, HPD inspectors pursued critical health and safety measures for New York homes at the height of the local COVID-19 outbreak, conducting more than 100,000 heat and hot water inspections. Unfortunately, it may take a few days for an inspector to arrive, and by that time, the outside temperature may have risen or the heat or hot water may finally have increased. Especially in the fall and spring, when outside temperatures vary greatly, you may need to call several times before a DPH inspector finds a violation. But a breach serves as solid evidence of your heating problems. Upon receipt of a complaint, HPD will attempt to notify the building manager to indicate that a complaint has been filed and a violation has occurred if the situation is not corrected immediately. Unless a tenant confirms that the condition has been corrected, a uniformed Code Inspector will be sent to inspect the reported condition.

When conducting an inspection for lack of heat or hot water, apartment inspectors also check for the following violations: smoke detectors, carbon monoxide detectors, lead-containing paint (if a child is under six years of age), window protectors (if a child is under 11 years of age), double-cylinder locks, self-closing doors, mold, pests and grids on evacuation windows. Tenants can check whether HPD responded via HPD Online or not. Because New York City imposes daily fines, in addition to building violations and emergency repair privileges when there is a lack of heating in the apartment (and for other repairs), most homeowners respond quickly to 311 complaints and HP lawsuits. Because New York City has both scorching summers and freezing winters, most renters struggle with year-round temperature issues in their apartments. Although the law offers limited protection during the warmer months, the city has fairly strict heat laws from October to May. Despite these strong legal protections, hundreds of thousands of tenants complain of a lack of heating and hot water each winter. In 2017, New York City tightened its heating laws by extending the length of the « hot season » and increasing indoor temperature requirements. Here`s a glimpse! Although the 2021-2022 winter season has been very mild so far, New Yorkers should not feel too comfortable, as winter is not over yet! Winters in New York can be brutal. Between traveling on outdoor subway platforms and watching your footsteps navigate New York`s unshovelled sidewalks, cold temperatures are at home.

According to New York City`s heating laws, your landlord must provide enough heating and hot water. Read below for more information about the laws of heat in New York and your remedies if you`re in a situation where your home isn`t getting enough heat. « Heating and hot water are basic services that homeowners must provide in every home. In cold weather, our home inspectors will work vigilantly to ensure that homeowners provide these services in accordance with the law. « If your home lacks heat or hot water, report it to your landlord and, if the situation is not corrected, report it to 311. HPD will use all of its enforcement tools to restore heat and hot water for you. The 2020-2021 « hot season » begins on Thursday, October 1, 2020 and lasts until Sunday, May 31, 2021. Tenants are often forced to take on a significant financial burden to feel comfortable waiting for heating problems to be resolved.