HOUSING MAINTENANCE CODE
[table of contents]
MAINTENANCE, SERVICES, AND UTILITIES
Heat and Hot Water
27-2028 Central Heat or Electric or Gas Heating
System; When Required
27-2029 Minimum Temperature to be
27-2030 Self-inspection of Central
27-2031 Supply of Hot Water; When
27-2032 Gas-fueled or Electric
27-2033 Access to Boiler Room
Sec. 27-2028 Central
heat or electric or gas heating system; when required.
as otherwise provided in this article, every multiple dwelling and every tenant-occupied
one or two-family dwelling shall be provided with heat from a central heating
system constructed in accordance with the provisions of the building code and
the regulations of the department. A system of gas or electric heating provided
for each dwelling unit may, if approved by the department, be utilized in lieu
of a central heating system if:
- the system is lawfully in use on July fourteenth, nineteen hundred sixty-seven;
- the system is approved by the appropriate city agencies having jurisdiction
and is installed in a structure or building erected, converted, substantially
rehabilitated, or completely vacated, after July fourteenth, nineteen hundred
Sec. 27-2029 Minimum
temperature to be maintained.
- During the period from October first through May thirty-first, centrally-supplied
heat, in any dwelling in which such heat is required to be provided, shall
be furnished so as to maintain, in every portion of such dwelling used or
occupied for living purposes:
- between the hours of six a. m. and ten p. m., a temperature of at least
sixty-eight degrees Fahrenheit whenever the outside temperature falls below
fifty-five degrees; and
- between the hours of ten p. m. and six a. m., a temperature of at least
fifty-five degrees Fahrenheit whenever the outside temperature falls below
- During the period from October first through May thirty-first, all
central heating systems required under this article shall be maintained
free of any device which shall cause or which is capable of causing an
otherwise operable central heating system to become incapable of providing
the minimum requirements of heat or hot water as required by this article
for any period of time. This subdivision shall not apply to any safety
device required by law, or by a rule or regulation of any city agency,
to be used in conjunction with a central heating system.
Sec. 27-2030 Self-inspection
of central heating plants.
Sec. 27-2031 Supply
of hot water; when required.
as otherwise provided in this article, every bath, shower, washbasin and sink
in any dwelling unit in a multiple dwelling or tenant-occupied one-family or
two-family dwelling shall be supplied at all times between the hours of six
a. m. and midnight with hot water at a constant minimum temperature of one
hundred twenty degrees Fahrenheit from a central source of supply constructed
in accordance with the provisions of the building code and the regulations
of the department, provided however that baths and showers equipped with balanced-pressure
mixing valves, thermostatic mixing valves or combination pressure balancing/thermostatic
valves may produce a discharge temperature less than one hundred twenty degrees
Fahrenheit but in no event less than one hundred ten degrees Fahrenheit. Gas
or electric water heaters may, if approved by the department, be utilized in
lieu of a central source of supply of hot water if such heaters:
- are lawfully in use on July fourteenth, nineteen hundred sixty-seven;
- are approved by the appropriate city agencies having jurisdiction and
are installed in a structure or building erected, converted, substantially
rehabilitated, or completely vacated after July fourteenth, nineteen hundred
Sec. 27-2032 Gas-fueled
or electric heaters.
- Gas-fueled or electric space or water heaters, where permitted by this article
as an alternative to a central supply of heat or hot water, shall be governed
by the provisions of this section.
- The capacity, number and location of such heaters shall be such as to
furnish the same standard of heat or hot water supply, as the case may
be, as is required to be furnished from a central heat or hot water system.
- Electric heaters shall be approved by Underwriters Laboratories, Inc.
and shall comply with applicable provisions of the building code and the
multiple dwelling law.
- Gas-fueled heaters shall comply with article nine of this subchapter
and with applicable provisions of the building code and the multiple dwelling
law, but any such heater lawfully in existence on July fourteenth, nineteen
hundred sixty-seven which does not comply with subdivision b of section
27-2034 of article nine of this subchapter shall comply with such section
by July fourteenth, nineteen hundred seventy-eight. No person shall cause
or permit to be occupied for sleeping purposes any room containing such
a non-complying heater. Any heater installed in replacement of any such
non-complying heater shall comply with all provisions of article nine of
- The owner shall not, unless otherwise agreed between owner and tenant,
be required to pay for the gas or electricity used by such heaters.
- Notwithstanding any provision of prior law, it shall be the duty of the
owner to keep each such heater in good repair and good operating condition,
regardless of the identity of the person originally owning or installing
- The owner shall instruct each successive tenant of an apartment in which
such heaters are installed as to safe and proper method of using and operating
- The department may make and enforce regulations supplementary to the
provisions of this section and article nine of this subchapter to secure
an adequate supply of heat and hot water and to protect the health and safety
Sec. 27-2033 Access
to boiler room.
- The owner of every multiple dwelling shall have the area, where the building's
heating system is located, readily accessible to members of the department
to make inspection pursuant to this chapter. In the event such area is kept
under lock, a key shall be kept on the premises at all times with such person
as the owner shall designate; however, if there is a person residing on the
premises who performs janitorial services, such person shall hold the key.
The owner shall post a notice in a form approved by the department naming
such designated person and his or her location.
- Multiple dwellings owned and operated by the New York city housing authority
shall be exempt from the requirements of this section.