Know Your Rights/Know Your Power: HEAT RIGHTS
You have a right to heat in the state of New York. From October through May, your heat must be at least 68 degrees whenever the temperature outside is below 55 (19NYCRR(1226)§602). Here’s how you can enforce the law if your landlord isn’t providing sufficient heat.
Repair and Deduct: Hire someone to repair the heat and keep all receipts. Notify your landlord in writing that you are deducting the cost of repairs from your next month’s rent.
Withhold rent: set aside your rent until your landlord fixes the issue.
Cite + get emergency repairs
Call 311 or Neighborhood Service Center and tell them: "I want to file a complaint for an IMMEDIATE HAZARD. I do not have heat (or my heat is too low) and my landlord refuses to fix it."
Code enforcement is supposed to send out an inspector that same day bc it is an emergency. Inspector will take temperature
Inspector will cite the violation + usually call your landlord and ask them to fix.
If landlord doesn’t fix, call code enforcement AGAIN. Ask for emergency repairs
City hires a contractor to fix + bills the landlord.
If City won’t due emergency repairs, keep calling and getting the heat violation cited – this will increase fines on the landlord.
Keep doing this every day until your landlord fixes your heat OR you get emergency repairs.
What if my landlord has just shut my heat off? It’s not broken, but the landlord just won’t provide heat?
This is actually an illegal lock-out – landlord interrupting essential services to force you to move.
Call tenant defense project (585) 504-6195 – tell them your landlord is unlawfully evicting you by shutting off your heat. You will get a free lawyer who will work with you.
Also call 911 IF YOU FEEL COMFORTABLE – tell them the same thing. This is actually a class a misdemeanor and should lead to charges for your landlord.