Fact
Sheet #15 - Heat and Hot Water
Heat and Hot Water for Buildings in New York City
By law, building owners must provide all tenants with the following levels
of heat and hot water:
Heat (During the heating season, October 1 through May 31)
* Between
6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when
the outside temperature falls below 55 degrees;
* Between
10 p.m. and 6 a.m., heat must register at least 55 degrees Fahrenheit when
the outside temperature falls below 40 degrees.
Hot Water (24 hours a day, 365 days a year)
* Hot
water must register at or above a constant temperature of 120 degrees at
the tap.
* If
a tub or shower is equipped with an anti-scald valve that prevents the
hot water temperature from exceeding 120 degrees,
the minimum hot water temperature for that tub or shower is 110 degrees.
The New York State Division of Housing and Community Renewal (DHCR) is authorized
to reduce the rent of any rent regulated apartment in New York City when
required heat and hot water services are not maintained. Tenants may file
a "Tenant's Application for Rent Reduction based upon the Owners Failure
to Provide and Maintain Heat and/or Hot Water Service(s)" (DHCR Form HHW-1).
If more than one tenant wishes to file a complaint, the tenants must attach
a schedule to the HHW-1 form or file "Statement of Complaint of Decrease
in Building-Wide Services" (DHCR Form RA-84).
Applications based upon lack of adequate heat or hot water must be accompanied
by a report from the appropriate city agency finding such lack of adequate
heat or hot water. If the owner is found by DHCR to have failed to provide
adequate heat or hot water, a rent reduction shall be ordered for rent stabilized
apartments and may be ordered for rent controlled apartments and the owner
will be prohibited from collecting any additional rent increases until the
service is restored. In New York City, where owners may obtain separate fuel
cost adjustments for rent controlled apartments, no fuel surcharge may be
collected until one year after DHCR issues an order finding that services
are restored.
Rent controlled and rent stabilized tenants in New York City with heat and/or
hot water complaints should call the NYC Citizen Service Center at 311.
A New York City Code Enforcement inspector will investigate your complaint
and either issue a building violation or order emergency repairs to restore
the services if they find the owner is not providing them.
If a tenant receives a rent reduction from DHCR and also receives another
abatement or a rent credit because of the same conditions, the tenant cannot
get both benefits at the same time.
Heat
and Hot Water for Buildings Located in Nassau, Rockland and Westchester
Counties
Please
see Fact
Sheet #15 on DHCR's website (in pdf format) for rules and contact numbers for buildings
located in Nassau, Rockland and Westchester Counties.
For
more information or assistance, call the DHCR Rent InfoLine (718-739-6400)
or visit your Borough or County Rent Office.
DHCR
Version 10/09
RGB page updated 8/17/2010
