In most NYC apartments, tenants do not pay for heat. You only pay if two things are true at once: your lease specifically says heat is your responsibility, and your apartment has its own heating unit connected to its own utility meter. Anything short of that, and the landlord is required to supply heat at no extra charge.
When the Tenant Pays
The tenant-pays setup is most common in smaller buildings and newer construction where each unit has an independent gas or electric heating system. You control the thermostat, the utility company bills you directly, and you pay for what you actually use.
Even in that arrangement, the landlord still owns the equipment and has to keep it in safe, working condition. A broken furnace or malfunctioning boiler is the landlord’s repair problem. If the system can’t reach the temperatures the law requires, the landlord has to fix it. Your obligation is limited to paying for energy that moves through a properly functioning system.
Ask for the Two-Year Cost History Before You Sign
If you’re about to sign a lease where you’ll be paying for heat, New York’s Truth in Heating law lets you request a summary of the previous two years of heating and cooling costs for that specific unit. The landlord has to provide it at no charge. A poorly insulated apartment in a drafty prewar building can easily cost two or three times what a comparable unit costs to heat, and a walk-through tells you nothing about that.
Rent-Stabilized Apartments
In rent-stabilized units, the landlord almost always provides heat as part of the base rent. Owners cannot add separate heating surcharges or roll heating fees into the rent to pump up future renewal calculations.1Homes and Community Renewal. Surcharges and Fees If your rent-stabilized lease doesn’t mention tenant-paid heat, the landlord is on the hook. Any attempt to charge separately for heat that was historically included is worth reporting to the state Division of Housing and Community Renewal (DHCR).
What the Landlord Must Provide
When heat is the landlord’s responsibility, which is the usual situation, NYC’s Heat Season rules kick in from October 1 through May 31. Buildings with central heating have to meet temperature minimums set by the city’s Housing Maintenance Code.2NYC Housing Preservation & Development. Heat and Hot Water Information
Between 6:00 a.m. and 10:00 p.m., if the outdoor temperature falls below 55°F, every occupied living space has to stay at 68°F or warmer. Between 10:00 p.m. and 6:00 a.m., the indoor temperature has to stay at or above 62°F no matter what it is outside. These thresholds come from Section 27-2029 of the NYC Administrative Code and cover every residential building where the landlord supplies central heat. A boiler that broke, a tank that ran out of fuel, a system that was never turned on — none of that excuses the violation.
Hot water is a separate rule, and it runs year-round. Every residential landlord in NYC has to provide hot water 365 days a year at a minimum of 120°F at the tap. There is no summer exception, no weekend exception, no vacation exception.
If Your Heat or Hot Water Fails
Start by telling your landlord or building manager in writing. An email or text works; the point is a dated record. If a phone call hasn’t fixed it, follow up in writing so there’s no later dispute about whether you raised the issue.
If nothing happens, file a complaint through 311 by phone, website, or the NYC311 mobile app.3NYC311. Heat or Hot Water Complaint in a Residential Building Give your name, address, apartment number, and a specific description. “No heat since Tuesday morning, apartment currently 54°F, outside temperature 38°F” is far more useful than “it’s cold.” HPD will contact the landlord and may send an inspector, and confirmed violations carry daily fines that escalate with repeat offenses.
Keep a Temperature Log
If the problem keeps coming back, start a daily log. Record the date, time, indoor temperature, and outdoor temperature at least twice a day, once during the day and once at night. A notebook works. A timestamped photo of a thermometer is harder for a landlord to challenge. This log becomes real evidence in Housing Court because it shows a pattern instead of a single bad night.
Getting Repairs and Money Back
An HP proceeding in Housing Court asks a judge to order the landlord to restore heat and make repairs. You don’t need a lawyer to file one, though it moves faster with one. If the landlord still ignores the order, the court can impose penalties and even appoint someone to make the repairs at the landlord’s expense.
New York’s warranty of habitability, written into every residential lease by state law, ties your rent obligation to the landlord’s duty to keep the apartment livable. When heat fails, a court can reduce your rent proportionally for the period you went without. A week without any heat in January usually produces a larger abatement than scattered drops over a few nights.
Some tenants withhold rent on their own during a heat failure. New York allows this, but it’s risky without careful documentation. Set the withheld rent aside in a separate account so you can show a court you weren’t just skipping payments, and pair any withholding with your 311 complaints and temperature log.
Help With Heating Bills if You Do Pay Your Own
If heat is your responsibility and the bills are getting away from you, the federal Low Income Home Energy Assistance Program (LIHEAP) offers grants. In New York it runs as HEAP, and regular heating benefits typically open in November. Eligibility is based on household size and income, with federal guidelines generally capping eligibility at 60% of state median income, though the exact thresholds change annually.4LIHEAP Clearinghouse. LIHEAP Income Eligibility for States and Territories
HEAP also provides emergency benefits for households facing a shutoff or already without service. Apply through your local Department of Social Services office, or call 311 for a referral. The benefit goes directly to your utility company or fuel provider rather than to you, so it won’t help with other bills, but it can keep the heat on through the coldest stretch of the year.