No Heat in Apartment NYC: Your Rights and Who to Call (2026)

✓ Law Verified September 28, 2026

No heat in apartment NYC problems are covered by the city’s Housing Maintenance Code, which requires most landlords to heat your home. If you face no heat in apartment NYC this season, the key dates are October 1, 2026 through May 31, 2027.

The short answer: If you have no heat in apartment NYC during heat season, your landlord is likely breaking the law. From 6:00am to 10:00pm, your home must be at least 68°F whenever it is below 55°F outside. From 10:00pm to 6:00am, it must be at least 62°F no matter the outdoor temperature. Hot water must stay at 120°F all year. Report it to 311, and HPD can inspect, issue violations, and even send its own repair crew.

What No Heat in Apartment NYC Actually Says

Maybe you got a notice from HPD, or you are shivering in your living room right now. Either way, here is what the rules mean for you. The heat rules live in the NYC Housing Maintenance Code. The city’s housing agency, HPD, enforces them.

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The law sets a “heat season.” It runs from October 1 through May 31 each year. During that time, your landlord must keep your home warm enough. The minimum depends on the time of day. As a result, there are two separate rules: a daytime rule and a nighttime rule.

For example, say it is 50°F outside at 3:00pm. Your apartment must be at least 68°F. However, at 2:00am, your apartment must be at least 62°F even if it is mild outside. If you have no heat in apartment NYC at either time, that can be a violation. Also, hot water is not seasonal. Your landlord must supply it at 120°F year-round.

Provision Exact rule Section
Heat season October 1 through May 31 (this season: October 1, 2026 to May 31, 2027) NYC Housing Maintenance Code (confirm the exact section with HPD)
Daytime heat 6:00am to 10:00pm: at least 68°F inside when it is below 55°F outside NYC Housing Maintenance Code
Nighttime heat 10:00pm to 6:00am: at least 62°F inside, whatever the outside temperature NYC Housing Maintenance Code
Hot water At least 120°F, all year NYC Housing Maintenance Code
Penalty, first violation $350 to $1,250 per day, per violation, until corrected HPD penalties schedule
Penalty, repeat violation $500 to $1,500 per day, per violation, for repeat violations at the same building HPD penalties schedule

Who No Heat in Apartment NYC Covers (and Who It Does Not)

In most cases, the heat rules cover residential rental buildings in all five boroughs. That includes rent-stabilized apartments and market-rate apartments. You do not need a lease in your name to report a problem. Typically, if you live there and it is cold, you can call.

Public housing works a bit differently. If you live in NYCHA housing, NYCHA runs its own heating system and repair process. However, the same temperature targets generally apply. If you have no heat in apartment NYC public housing, report it to NYCHA and 311. Ask what the next step is.

What about homes outside the city? These specific rules are NYC rules. They do not apply in Yonkers, Long Island, or upstate. If you rent outside the five boroughs, check with your local code office. Some buildings, like owner-heated single rooms or unusual setups, may raise questions. If you are unsure whether no heat in apartment NYC rules cover your home, ask HPD directly.

What Your Landlord Must Do Under This Law

Your landlord must keep the heat on at the required levels all season. That means the boiler must work before the cold arrives. It also means fixing breakdowns fast. A landlord cannot shut off heat to pressure you to move out. They also cannot skip nights to save on fuel.

Heat season starts October 1, 2026 — just days away. From that date through May 31, 2027, the 68°F daytime and 62°F nighttime minimums apply. Report no heat in apartment NYC problems while they are happening, so inspectors can confirm the cold.

After you file a complaint, HPD typically tries to contact the owner or managing agent. HPD tells them the building may have no heat. HPD may also call you to check whether service came back. If not, an inspector may visit and issue a violation.

Once a violation is posted, fines can build every day until it is fixed. For example, HPD lists $350 to $1,250 per day for a first heat violation. As a result, a landlord who ignores no heat in apartment NYC complaints can face steep costs. Repeat problems cost more, from $500 to $1,500 per day.

What You Can Do When It Is Broken

Step one is simple. Call 311, or file online through the NYC311 heat and hot water complaint page. You can file anonymously. However, if you do, the inspector will pick a random apartment to check. Giving your apartment number usually helps the inspector find the real problem.

Keep your own record, too. Write down the date, time, and indoor temperature. Take photos of a thermometer. Save texts or emails to your landlord. This log can help if no heat in apartment NYC problems keep coming back. Neighbors who file their own complaints can make the pattern clearer.

If the landlord still does nothing, HPD’s Emergency Repair Program may step in. HPD can hire a private company to restore heat. Then it bills the owner. Extra fees may apply if your home was below 64°F during the day or below 58°F at night. Learn more on the HPD heat and hot water page.

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You may also be able to bring a repair case in Housing Court, often called an HP action. If your landlord is threatening eviction or retaliating after you complained, get help right away. Contact a local legal-aid office or a tenant attorney. The HPD homepage also lists tenant resources.

Frequently Asked Questions

Can I stop paying rent if I have no heat?

Be careful here. Holding back rent on your own can lead to an eviction case. If you have no heat in apartment NYC for a long time, talk to legal aid first about safe options.

Will my landlord know I called 311?

You can file anonymously. However, HPD does contact the owner about the complaint, and an inspector may knock on doors. Retaliation for reporting is a serious issue, so call legal aid if it happens.

What if the heat only goes out at night?

That still counts. From 10:00pm to 6:00am, your home must be at least 62°F no matter the weather. Report no heat in apartment NYC problems at night while the cold is happening.

Bottom line: From October 1, 2026 to May 31, 2027, your home must be at least 68°F by day (when it is under 55°F outside) and 62°F at night. If you have no heat in apartment NYC, call 311, keep a temperature log, and let HPD enforce the law. If you face retaliation or an eviction threat, contact a local legal-aid office or tenant attorney right away.

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Find Your State’s Exact Rules

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Sources & How to Verify

The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.

  • HUD: hud.gov — federal renter protections and fair housing
  • Legal Services Corporation: lsc.gov — find free legal aid in your state
  • Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
  • Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms

Content last reviewed September 2026. If you notice outdated information, please contact us.

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