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Nov 14, 2024 | Faye Qiu

No Hot Water or Heat in Your Apartment? That’s Illegal in NYC

Living in NYC and struggling with no heat or hot water? That’s not just inconvenient — it’s illegal. Learn your rights as a tenant and find out how to take action against landlords who fail to provide these essential services.

If you’re experiencing issues with heat or hot water in New York City, it’s important to know your rights and the steps to address the issue effectively. Landlords in NYC are required by law to provide tenants with adequate heat and hot water. Here’s how you can make a complaint.

Understand the heating and hot water laws in NYC

During the heat season, which runs from October 1 through May 31, the requirements for heating are as follows:

  • Daytime between 6 a.m. and 10 p.m., the indoor temperature must be at least 68°F when the outdoor temperature falls below 55°F.
  • Nighttime between 10:00 p.m. and 6:00 a.m., the indoor temperature must be at least 62°F regardless of the outdoor temperature.
  • Hot water must be available year-round 24/7 at a minimum temperature of 120°F.

Notify your landlord about no heat or hot water

Before filing a complaint with the city, contact your landlord or building manager to report the issue. Keep records of your communication, such as texts, calls or call logs. Give them a reasonable amount of time to address the problem.

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Gather evidence

If the issue persists, document the conditions. Use a thermometer to measure the indoor temperature. Take photos or videos showing the date and time of the readings. Continue to record attempts to resolve the issue with your landlord.

File a complaint with NYC 311

If your landlord does not resolve the problem, you can file a complaint with NYC 311. This is the city’s non-emergency service for reporting housing violations, including heat and hot water issues.

Ways to file a Complaint:

  • Call 311: Dial “311” from your phone and explain your issue. 
  • Online: Visit the NYC 311 website and fill out the heat or hot water complaint form.
  • Mobile App: Download the NYC 311 app and submit a complaint directly through your smartphone.

When filing a complaint, be prepared to provide the following details:

  • Your name and contact information
  • The exact address of your building
  • A description of the issue, including dates and times when the problem occurred
  • Any steps you’ve already taken to resolve the issue with your landlord

Monitor your complaint about lack of hot water or heat

Once you file a complaint, the NYC Department of Housing Preservation and Development (HPD) will investigate the matter. HPD will notify your building’s managing agent about the complaint and warn that a violation may be issued if the problem is not addressed promptly. They may also follow up with you to confirm whether the issue has been resolved.

If you confirm that the problem has been resolved, HPD will close the complaint. In some cases, an inspector may visit your building to verify the issue. If violations are identified, HPD can issue fines or take further action against the landlord.

After filing your complaint, you will receive a Service Request number. You can use this number to track the status of your complaint by calling 311 or visiting the NYC 311 portal online.

If the issue remains unresolved or no action is taken, you can escalate the matter by seeking legal assistance or filing a case in Housing Court.

Escalate if necessary

If the problem remains unresolved after HPD intervention, contact the NYC Tenant Protection Hotline at 311 for advice. The Tenant Helpline is a free resource available to all New Yorkers, regardless of immigration status. Housing specialists provide personalized assistance in multiple languages.

To access this service, call 311 and request the Tenant Helpline, or submit a request through the Mayor’s Public Engagement Unit (PEU) website. A Tenant Support Specialist from PEU’s Tenant Support Unit will follow up with you. PEU’s Tenant Support Unit assists New Yorkers facing landlord harassment, the risk of displacement, or home repair needs.

File a case in Housing Court for enforcement of your rights

If your landlord fails to provide essential services, you can file a case in Housing Court to hold them accountable. You may be eligible for rent reductions or other damages.

For issues such as lack of heat, hot water, or other essential services, as well as emergency conditions or needed repairs, you can initiate a legal action known as an HP (Housing Part) proceeding. This process compels the landlord to address the issues, make necessary repairs, and correct building violations.

Seek support from your local community

Community boards are local representative organizations that serve neighborhoods across the city. There are 59 community boards, each made up of up to 50 volunteer members. The Borough Presidents appoint board members from a pool of active and engaged community members. Find your community board here.

Community boards can accept complaints from tenants and serve as advocates for their neighborhoods. While they do not have the authority to direct any City agency or official to take specific actions, they are often effective in addressing and resolving the issues they handle. 

Reach out to a Tenant Advocacy Group or legal aid organizations that can provide free or low-cost assistance, such as:

Met Council on Housing: The Metropolitan Council on Housing is a tenants’ rights membership organization in New York City that operates under the motto “housing for people, not profit.” They provide a range of tenant-assistance services, including a tenants’ rights hotline and a walk-in clinic. These services are free and available to all NYC tenants, serving thousands annually.

Legal Aid Society: The Legal Aid Society offers free legal representation to low-income New Yorkers on a variety of issues, including housing, immigration, and criminal trials. Their services are aimed at protecting the rights of underserved communities.

Asian American Bar Association of New York (AABANY): AABANY’s Pro Bono & Community Service Committee (PBCS) organizes free legal clinics that are open to all members of the community. These clinics are held in Manhattan, Queens, and Brooklyn. Check their pro bono service calendar for upcoming dates and locations of the clinics.

Asian Americans for Equality (AAFE): AAFE is committed to advancing racial, social, and economic justice for Asian Americans and other marginalized groups. They believe that housing is a human right and offer multilingual counseling services in English, Chinese, and Spanish to help community members secure safe, affordable housing.

Additional tips

  • Document everything: Keep detailed records of the issue, communications, and any expenses incurred such as portable heaters or hotel stays.
  • Join with other tenants: If others in your building are facing similar issues, you can file a group complaint or work together to take action.

By following these steps, you can address and resolve heat and hot water issues effectively while protecting your rights as a tenant in New York City.

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