NYC Heat Season: Dates, Temperature Rules, and 311 Complaints

In New York City, heat season runs from October 1 through May 31. During those eight months, your landlord must keep your apartment at a minimum of 68°F during the day whenever it’s below 55°F outside, and at least 62°F at night regardless of outdoor conditions.1NYC.gov. NYC Administrative Code 27-2029 – Minimum Temperature to Be Maintained Hot water at a minimum of 120°F is required year-round, with no seasonal cutoff.2NYC Housing Preservation & Development. Heat and Hot Water Information

The Dates Are Fixed

Heat season begins October 1 and ends May 31.3NYC Housing Authority. Heat Season These dates come from the Housing Maintenance Code and don’t slide with the weather. A warm October or an unseasonable April doesn’t change anything. Your building’s heating system must be ready and operational for the entire window.

Landlords who delay starting the boiler in the fall because it “doesn’t feel cold enough,” or who shut it down early in the spring, are in violation the moment the indoor thresholds are triggered. The city doesn’t grant exceptions for maintenance schedules or tight budgets.

The Temperature Rules

Daytime: 6:00 AM to 10:00 PM

When the outdoor temperature drops below 55°F between 6:00 AM and 10:00 PM, indoor temperatures in every occupied living space must be at least 68°F.2NYC Housing Preservation & Development. Heat and Hot Water Information The outdoor reading is the trigger. At 56°F outside, no heat is technically required. At 54°F, the 68°F indoor floor applies.

Nighttime: 10:00 PM to 6:00 AM

Overnight, the rule is stricter in one way: the 62°F indoor minimum applies no matter what the outdoor temperature is.1NYC.gov. NYC Administrative Code 27-2029 – Minimum Temperature to Be Maintained There is no outdoor trigger at night. Even at 60°F outside, your apartment cannot legally fall below 62°F. This covers the common problem of boilers cycling down while tenants sleep.

Inspectors measure temperature in the center of the room, about three feet above the floor. A reading next to a window or above a radiator won’t count. If your building has central heat, the landlord must meet these thresholds in every occupied room, not just the ones closest to the boiler.

Hot Water Is Not Seasonal

Unlike heat, hot water has no season attached to it. Your landlord must supply water at a minimum of 120°F at the tap, 24 hours a day, every day of the year.2NYC Housing Preservation & Development. Heat and Hot Water Information There are no exceptions for holidays, maintenance, or boiler repairs. Boilers, water heaters, and distribution pipes must be kept in working condition to meet that standard.

If Your Heat Is Out

Build a paper trail before you file anything. A well-documented complaint moves faster and holds up better if things escalate.

  • Keep a heat log with the date, time, indoor temperature, and matching outdoor temperature from any weather service. A basic thermometer is enough.
  • Take timestamped photos of the thermometer. A pattern over days or weeks is far more persuasive than a single reading.
  • Notify your landlord, managing agent, or superintendent in writing before calling 311. Use text, email, or certified letter so you have proof you gave them a chance to fix it.4NYC311. Heat or Hot Water Complaint in a Residential Building
  • Gather your building address, apartment number, and landlord or managing agent name. That information should be on your lease or on the required signage posted in the building lobby.5NYC Housing Preservation & Development. Required Signage and Notices

Co-op and condo owners follow a different path and should report first to their management company or board, since the governing agreement may determine who is responsible for heating repairs in the unit.4NYC311. Heat or Hot Water Complaint in a Residential Building

Filing With 311

Once your landlord has had a chance and hasn’t fixed the problem, file a complaint through 311 by phone, app, or online. The system runs around the clock during heat season, and each complaint generates a service request number you can track through HPD Online.4NYC311. Heat or Hot Water Complaint in a Residential Building

What happens next:

  • HPD contacts your building’s managing agent, notifies them of the complaint, and warns that a violation may follow if the condition isn’t corrected immediately.
  • An HPD agent tries to reach you to confirm whether heat has been restored. If you confirm it’s fixed, the complaint closes.
  • If the problem continues or HPD can’t reach you, a Code Enforcement inspector visits your apartment. The landlord is not told when the inspection will happen, so be home.
  • If the inspector confirms the violation, a Class C immediately hazardous violation is issued against the property.

What Landlords Face

Heat and hot water violations are Class C, the most serious category in the Housing Maintenance Code. For violations issued after December 8, 2023, the daily civil penalties are:

  • First violation: $350 to $1,250 per day
  • Subsequent violations: $500 to $1,500 per day6NYC Housing Preservation & Development. Penalties and Fees

These fines accrue every day the violation stays open. Two weeks of ignored heat complaints can top $17,000 on a first offense alone. That’s why most landlords who receive a violation notice move quickly.

When a landlord ignores a Class C violation, HPD’s Emergency Repair Program can hire private contractors to make the repairs and bill the owner for the full cost plus administrative fees. HPD acknowledges that emergency repairs often cost more than private work because of procurement and prevailing wage requirements. Unpaid charges are billed through the Department of Finance and become a tax lien against the property. If unpaid, the city can sell or foreclose on the lien.7NYC Housing Preservation & Development. Emergency Repair Program (ERP)

Rent Reductions and Housing Court

New York treats heat as central to what makes an apartment livable. Failure to provide it breaches the implied warranty of habitability, and tenants may be entitled to a rent reduction for the period the apartment was without adequate heat.8Cornell Law School – Legal Information Institute. Implied Warranty of Habitability

Rent-stabilized tenants have an additional route through the New York State Division of Housing and Community Renewal. A DHCR rent reduction order freezes your rent and blocks increases until heat is fully restored. You’ll need an HPD inspection report to support the application, which is another reason to file with 311 first.

Tenants without rent stabilization typically pursue rent abatement through Housing Court by starting what’s called an HP action. A judge can order repairs, appoint someone to oversee the work, reduce your rent, or direct you to pay rent into the court until the landlord completes repairs. The process starts with written notice to the landlord, then a 311 complaint and inspection, then filing forms at the Housing Court in your borough. The court schedules its own inspection, and both sides appear before a judge. In a genuine emergency, such as no heat during a cold snap, you can ask the court for an emergency injunction or temporary restraining order. Housing Court is designed to be accessible without a lawyer, and free legal help is available through organizations like Legal Aid.

One warning: never simply stop paying rent without a court order or DHCR directive. Withholding rent without legal backing can give the landlord grounds for eviction, even if your heat complaint is completely legitimate.

Retaliation Is Illegal

Under Real Property Law § 223-b, a landlord cannot evict you, refuse to renew your lease, or substantially change your lease terms in retaliation for making a good-faith complaint about health or safety violations to a government agency. The protection covers complaints to your landlord, to HPD, to 311, or to any other government body, and it covers participation in a tenant organization. If a landlord retaliates, you can sue for damages, attorney’s fees, and an injunction stopping the conduct.9New York State Senate. New York Real Property Law Section 223-B – Retaliation by Landlord Against Tenant This is another reason to document your written notice before filing with 311: the timeline shows your protected activity came first.

Space Heater Safety While You Wait

Many tenants reach for a portable space heater when the heat goes out. Space heaters cause a disproportionate share of fatal apartment fires in New York City. If you use one, the FDNY recommends:

If the power cord feels hot to the touch, unplug the heater immediately. Log the days you had to rely on a space heater as part of your heat record. That entry strengthens both your 311 complaint and any rent reduction claim you pursue later.