The continued pervasive effect of COVID-19, including moratoriums affected by COVID-19, have not affected a landlord’s obligation to comply with the Housing Maintenance Code in New York City, including the heating season. This year has been particularly cold, and landlords and tenants should both be aware of the requirements in residential dwellings in New York City.
In New York City, all residential building owners are required to maintain indoor temperatures at 68° when outdoor temperatures fall below 55° during the day. Indoor temperatures must also be a minimum of 62° overnight, regardless of outdoor temperatures. Building owners are also required to provide hot water of at least 120° all year.
The heating season commenced on October 1 of 2020 and will end on May 31, 2021. Throughout the entire heating season every year, building owners are required to comply with this minimum threshold. In the event that this heating threshold is not met, despite court closures, the City of New York still has the ability to commence a heating violation action against a building owner.
In addition, the landlord is still subject to civil penalties in the event that the city proves that a violation exists. Tenants have a separate claim for a breach of the implied warranty of habitability if adequate heat is not provided in the building.
The Law Offices of Jordi Fernandez
420 Lexington Avenue, Suite 455
New York, NY 10170