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.
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.
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.
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.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
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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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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.