Even though it’s getting warmer outside, New York City’s heating season isn’t over yet. Throughout the cold winter months and into the start of summer, in New York City, it’s important that building owners take steps to avoid heating violations and make sure their buildings are properly heated.
The law states that building owners in NYC are required to provide heat to all of their residential tenants during the heating season, which runs annually from October 1st to May 31st. Whereas, their obligation to provide hot water runs 365 days a year.
The heat requirement does have some variances as it is based on the outside temperature. During the day, between the hours of 6 am and 10 pm, if the outside temperature falls below 55°F, the inside temperature is required to be at least 68°F. At night, between the hours of 10 pm and 6 am, the inside temperature is required to be at least 62°F.
Even when an unanticipated repair is necessary, a building owner can be fined for failing to meet these requirements. If that happens, and centralized heating cannot be quickly restored, the building owner needs to find an alternative way to provide heat, such as portable heaters.
Failure to comply with these laws usually results in fines for building owners. Incurring such fines will be deemed to be immediately hazardous by the Department of Housing Preservation and Development. These statutory fines range between $250 to $500 a day, from the date the violation exists; or in the cases of subsequent violations, from $500 to $1,000 a day, from the date the violation exists.
To avoid such escalating fines, building owners should ensure their properties are in compliance with the NYC heating requirements throughout the entire heating season.
Jordi Fernandez Law, P.C.
420 Lexington Avenue, Suite 2920
New York, NY 10170