No heat in winter is the most common housing complaint in New York City. Every year, thousands of tenants suffer in cold apartments because landlords fail to provide adequate heat. Know your rights—NYC law is very specific about what temperatures landlords must maintain.
No Heat Right Now?
Call 311 immediately to report a heat complaint. HPD treats no-heat as an emergency.
For life-threatening emergencies (elderly, infants, medical conditions), call 911.
Heat Requirements
NYC law requires landlords to provide heat during "Heat Season"—October 1 through May 31. The requirements are:
Legal Temperature Requirements
When outside temperature is below 55°F
Regardless of outside temperature
Hot Water Requirements
Unlike heat, hot water is required 365 days per year, 24 hours a day.
Hot Water Requirements
Must be available at all times, year-round
Heat Season Dates
October 1 — May 31
Heat Season in NYC
During this period, landlords must provide heat whenever outside temperatures require it. Outside of heat season, there's no legal requirement for heat—but hot water is still required.
What to Do If You Have No Heat
If your apartment isn't reaching the required temperature:
Step-by-Step Action Plan
Use a thermometer, take photos with timestamps, note the time and date
Call and follow up in writing (email or text). Keep records.
Don't wait. File a heat complaint. Get a complaint number.
Heat complaints are treated as emergencies. Inspector will come quickly.
If landlord is in violation, HPD issues a Class C (immediately hazardous) violation. Landlord must fix within 24 hours.
Heat Violations Are Serious
Failure to provide adequate heat results in a Class C violation—the most serious type. This means:
- 24-hour correction deadline — Landlord must restore heat immediately
- Significant fines — $250-$500 per day of non-compliance
- HPD emergency repairs — If landlord doesn't fix, HPD may make repairs and bill landlord
- Rent-impairing — Landlord may not be able to collect rent or evict while violation is open
Check Building's Heat Complaint History
Before renting, see if a building has repeated heat violations. Multiple heat complaints = unreliable heating = cold winters.
Search any buildingCan You Withhold Rent?
Technically, you can withhold rent if essential services (like heat) aren't provided, but it's risky. A safer approach:
- File 311 complaint first — Creates official record
- Consider HP Action — You can sue in Housing Court to force repairs
- Request rent abatement — After the fact, ask for reduced rent for days without heat
- Consult a tenant lawyer — Free help available (see resources below)
Important
Never withhold rent without getting legal advice first. Your landlord could try to evict you for non-payment. Document everything and file official complaints.
Common Questions
What if my building has its own boiler issues?
Doesn't matter. Landlords are responsible for maintaining heating systems. Boiler breakdowns are not an excuse—they must fix it immediately or provide alternative heat sources.
My landlord says I control my own heat. Is that legal?
If you have individual heating (like electric baseboards), your landlord may not be responsible for providing heat—but they must ensure the system works. Check your lease for who pays utilities.
Can I use a space heater?
As a temporary solution, yes—but your landlord is still required to provide adequate heat. Space heaters are not a substitute. And never use your oven for heat—it's dangerous.
What about summer? Can my apartment be too hot?
NYC has no maximum temperature requirements. Landlords are not required to provide air conditioning. However, they cannot prevent you from installing a window AC unit.
Resources
- 311 — Report heat/hot water complaints
- Met Council on Housing — (212) 962-4795 — Free tenant hotline
- NYC HPD Heat Information
- Complete NYC Tenant Rights Guide
- Understanding HPD Violations