NYC Heat Law: Heat Season Temperatures and How to Report (2026)

✓ Law Verified September 28, 2026

nyc heat law requires your landlord to keep your apartment warm during heat season, which runs from October 1 through May 31. If your landlord or a notice cited the nyc heat law, the key numbers are simple: 68°F during the day when it is below 55°F outside, and 62°F at night.

The short answer: Under the nyc heat law, from October 1 to May 31 your landlord must keep indoor temperatures at 68°F or higher during the day whenever it is below 55°F outside, and at 62°F or higher at night. These rules come from the NYC Housing Maintenance Code. If your home is too cold, you can report it to the NYC Department of Housing Preservation and Development (HPD). You do not need your landlord’s permission to file a complaint.

What NYC Heat Law Actually Says

The rules are part of the NYC Housing Maintenance Code. That is the city law that sets minimum living conditions for rental housing. The nyc heat law applies for a set part of the year, called “heat season.” Heat season starts October 1 and ends May 31.

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During the day, the rule depends on the weather outside. If the outdoor temperature drops below 55°F, your apartment must be at least 68°F inside. At night, the indoor temperature must be at least 62°F. In most cases, tenants measure the temperature in the middle of a room, away from windows and heaters.

The nyc heat law sets a floor, not a ceiling. Your landlord can keep it warmer. However, they cannot let it fall below these numbers during heat season. HPD explains these rules on its official site at the NYC HPD website.

Provision Exact rule Section
Heat season October 1 through May 31 NYC Housing Maintenance Code (confirm exact section with HPD)
Daytime minimum 68°F inside when it is below 55°F outside NYC Housing Maintenance Code (confirm exact section with HPD)
Nighttime minimum 62°F inside NYC Housing Maintenance Code (confirm exact section with HPD)
Who enforces it NYC Department of Housing Preservation and Development (HPD) NYC Housing Maintenance Code

Exact daytime and nighttime hours, and the precise code section numbers, should be confirmed on the HPD website. We do not list them here because the official source should be your guide.

Who NYC Heat Law Covers (and Who It Does Not)

The nyc heat law protects renters in residential buildings across the five boroughs. It typically covers apartments where the landlord controls the heating system. For example, if your building has a central boiler, your landlord is responsible for running it.

Coverage does not depend on your lease type. In most cases, it applies whether you are rent-stabilized, market-rate, or month-to-month. You also do not need a written lease to be protected. However, some situations are different. For example, if you control and pay for your own heating unit, the rules may work differently. Check with HPD about your specific setup.

The nyc heat law is a city rule. As a result, it only applies inside New York City. If you live elsewhere in New York State, your town or county may have its own rules. Check with your local code enforcement office or a legal-aid office.

What Your Landlord Must Do Under This Law

Your landlord must keep heat at or above the legal minimums for every day of heat season. That means keeping the boiler working, fixing broken radiators, and having fuel on hand. A landlord typically cannot blame a late repair or an unpaid fuel bill. Under the nyc heat law, the duty is theirs, not yours.

Heat season starts October 1, 2026 — just days away. From that date through May 31, 2027, the nyc heat law minimums apply. If your heat is not working by October 1, you can start documenting and reporting right away.

Your landlord should also respond quickly when you report no heat. However, the law does not require you to wait for them. You can report to your landlord and to HPD at the same time. In most cases, doing both creates a stronger record.

What You Can Do When It Is Broken

First, write it down. Record the date, time, and indoor temperature. Use a simple thermometer and take photos of the reading. For example, a photo showing 58°F at 2 p.m. on a cold day is strong evidence. Also note the outdoor temperature from a weather service.

Next, tell your landlord in writing. A text or email is fine, but save a copy. Then file a complaint with HPD. HPD’s website lists current ways to report, including phone and online options. After a complaint, HPD may contact the building or send an inspector. If an inspector finds a violation, the landlord can face penalties. The exact penalty amounts should be confirmed with HPD.

If the problem keeps happening, you may be able to take your landlord to Housing Court. Many NYC tenants can bring a repair case to ask a judge to order heat restored. If you are also facing an eviction, contact a local legal-aid office or a tenant attorney right away. Free help is often available in NYC.

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Frequently Asked Questions

Can my landlord evict me for reporting no heat?

Reporting a violation of the nyc heat law is your right. New York has protections against landlord retaliation, but outcomes depend on the facts. If you get an eviction notice after complaining, contact a legal-aid office quickly.

Does the nyc heat law apply in September?

No. Heat season runs from October 1 to May 31. Outside those dates, the heat minimums in this law do not apply. However, other housing rules may still protect you, so check with HPD if something feels unsafe.

Can I withhold rent if there is no heat?

Withholding rent is risky without advice. Your landlord may sue for nonpayment. Talk to a legal-aid office or tenant attorney first. They can explain safer options, like a repair case in Housing Court.

Bottom line: The nyc heat law gives you clear numbers: 68°F by day when it is below 55°F outside, and 62°F at night, from October 1 to May 31. Document cold readings, tell your landlord in writing, and report to HPD. For eviction threats or ongoing problems, contact local legal aid.

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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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