New York City law sets strict requirements for heat and hot water in rental apartments. If your landlord is failing to provide adequate heat or hot water, you have specific legal rights — including the right to file a complaint that can force repairs and result in fines against your landlord. This guide explains exactly what you’re entitled to and what to do if you’re not getting it.
Your Legal Right to Heat in NYC
Under NYC Housing Maintenance Code (Administrative Code § 27-2029), landlords of multiple dwellings (buildings with three or more apartments) are legally required to provide heat during the heat season: October 1 through May 31.
The minimum temperature requirements are:
- 6:00 AM to 10:00 PM: When the outdoor temperature drops below 55°F, indoor temperature must be at least 68°F
- 10:00 PM to 6:00 AM: Indoor temperature must be at least 62°F at all times, regardless of the outdoor temperature
These requirements apply to all rooms in your apartment — not just common areas. Your landlord cannot simply heat the hallway and leave apartments cold.
Your Legal Right to Hot Water
Hot water requirements are year-round, not just during heat season. Your landlord must provide hot water at a minimum temperature of 120°F at all times, 24 hours a day, 7 days a week, 365 days a year.
There is no grace period. A single day without hot water is a violation of the Housing Maintenance Code.
How to Report a Heat or Hot Water Violation
Step 1: Document the Problem
Before filing a complaint, document the conditions:
- Note the date, time, and the temperature in your apartment (a thermometer is useful)
- Note the outdoor temperature at the time
- Take photos or video if possible
- Keep a written log of every incident, including dates and times
- Save any written communications with your landlord about the heat
Step 2: Notify Your Landlord in Writing
Send your landlord a written notice — email or certified letter — stating that the heat or hot water is inadequate and requesting immediate repair. Keep a copy. If your landlord does not respond or the problem continues, this documentation supports your complaint and any future legal action.
Step 3: File a Complaint with HPD
File a heat or hot water complaint with the NYC Department of Housing Preservation and Development (HPD):
- Online: nyc.gov/hpd — File a Complaint portal
- By phone: Call 311 and say “heat complaint” or “no hot water”
- HPD app: The NYC311 app lets you file directly from your phone
HPD will log your complaint and may send an inspector. Heat and hot water complaints are classified as Emergency conditions (Class C violations) — the most serious category — and landlords are required to correct them within 24 hours.
Step 4: Know What Happens After You Complain
After you file:
- HPD will attempt to contact your landlord
- HPD may send an emergency inspector to your building
- If a violation is confirmed and not corrected, HPD can issue fines and — in extreme cases — arrange emergency repairs and bill the landlord
- Persistent heat violations can lead to HPD placing the building in the Alternative Enforcement Program (AEP), which subjects the landlord to increased scrutiny and fines
Your Additional Rights When Heat Is Withheld
Rent Reduction / Withholding
If you are in a rent-stabilized apartment and your landlord fails to provide services like heat, you can apply to DHCR for a rent reduction order. If granted, your rent is reduced until the service is restored. Contact DHCR at (718) 739-6400 or file online at apps.hcr.ny.gov/webdcs/.
In unregulated apartments, withholding rent is legally risky — your landlord can bring a nonpayment case. Before withholding rent, consult a tenant attorney about whether a “repair and deduct” approach or housing court action is more appropriate.
HP (Housing Part) Court Proceeding
You can file an HP action in NYC Housing Court to compel your landlord to make repairs. In an HP action, a judge can order your landlord to restore heat and hot water by a specific deadline, with contempt of court consequences for non-compliance. You can file this yourself at housing court, or with the help of a legal aid attorney.
Retaliatory Eviction Protections
Under NYC and New York State law, a landlord cannot evict you or raise your rent in retaliation for filing a heat complaint. If your landlord initiates eviction proceedings within 90 days of your complaint, there is a presumption of retaliation — and the landlord bears the burden of proving the eviction is for a legitimate, non-retaliatory reason.
Emergency: What to Do If You Have No Heat Tonight
If you have no heat right now:
- Call 311 immediately and file an emergency heat complaint. HPD has 24/7 emergency response for heat outages during heat season.
- Contact your building superintendent or landlord and document the contact in writing (text message timestamps count).
- If you have young children, elderly household members, or anyone with a medical condition that makes cold temperatures dangerous, tell HPD when you call — this can trigger a faster emergency response.
- NYC has emergency warming centers when temperatures are extreme — find the nearest one by calling 311 or checking nyc.gov/warmingcenters.
Frequently Asked Questions
My landlord says the boiler is broken. Do I still have rights?
Yes. The law requires your landlord to maintain adequate heat — mechanical failure does not suspend the requirement. Your landlord must arrange for emergency repairs or temporary heat sources immediately. File with HPD so there is a record of the outage and its duration.
Can I use a space heater while waiting for my landlord to fix the heat?
You can, but do so safely — never leave space heaters unattended, keep them away from flammable materials, and do not use them in bathrooms. Using a space heater does not waive your right to proper heat from your landlord, and you can document its use as evidence of the inadequate heat conditions.
Does my landlord have to provide heat in a basement apartment?
Yes. Heat requirements apply to all legal dwellings, including basement apartments. However, if your basement apartment is not a legal dwelling unit (lacks a certificate of occupancy for residential use), you face a different set of issues — contact Legal Aid Society or Housing Court for guidance.
How many times can I complain about heat before HPD does something?
Every complaint counts. HPD tracks complaint patterns — a building with repeated heat complaints is more likely to receive an inspector and face enforcement action. File a new complaint every time heat is inadequate; do not assume one complaint covers ongoing problems.
What is the fine for a landlord who violates heat rules?
HPD can impose fines for each day of a heat or hot water violation. Fines for Class C (emergency) violations can be substantial and accumulate daily. Landlords with repeated violations can also be required to post a bond and may face alternative enforcement actions.
