Compliance Requirements for the 2024–2025 Heat Season

Owners must soon comply with the temperature requirements in NYC heat laws. The upcoming 2024–2025 heat season begins on Oct. 1 and continues through May 31, 2025. HPD responds to all heat and hot water complaints and, if adequate heat and hot water conditions aren’t corrected, HPD will impose penalties and may contract with private companies under the Emergency Repair Program to restore services to residents.

Heat & Hot Water Requirements

Heat and hot water are essential services that all owners must provide and maintain, especially during the winter season. Building owners are legally required to provide heat and hot water to their tenants. Hot water must be provided 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Heat must be provided between Oct. 1 and May 31—“heat season”—under the following conditions:

Day. Between the hours of 6 a.m. and 10 p.m., if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit; and

Night. Between the hours of 10 p.m. and 6 a.m., the inside temperature is required to be at least 62 degrees Fahrenheit.

HPD’s Response to Heat & Hot Water Complaints

If a tenant files a 311 complaint related to heat or hot water, HPD attempts to notify the building owner or managing agent and may also try to contact the tenant to see whether service has been restored. According to HPD, there were 223,733 heat complaints during the previous heat season.

If service hasn’t been restored, an HPD inspector will go to the building to verify the complaint and issue the appropriate violation. If an owner fails to restore heat and hot water after receiving a violation, HPD’s Emergency Repair Program (ERP) may contract with private companies to restore essential services and bill the owner for the cost of the repairs, plus related fees. The city is subject to laws governing procurement, contracting, and wages that may make such work significantly more expensive than the price owners could obtain themselves. If the property owner fails to pay, the city will file a tax lien against the property. The tax lien will bear interest and may be sold and/or foreclosed to collect the amount owed through the city’s Tax Lien Sale.

Penalties and Fees

HPD typically starts a court proceeding for all issued heat violations and some hot water violations. The agency can seek the following penalties, effective on the posting date of the Notice of Violation until the date that the violation is corrected:

• $250–$500 per day for each initial heat or hot water violation; and
• $500–$1,000 per day for each subsequent violation at the same building that occurs within two consecutive calendar years, or, in the case of HMC §27-2029(a) (hot water), during two consecutive periods of Oct. 1 through May 31 (heat).

If the owner fails to pay the court-ordered civil penalties, HPD will enter a judgment against the owner and the property and seek to enforce that judgment.

Eligibility for Payment in Satisfaction of Civil Penalties

Heat and hot water violations must be resolved immediately, and self-certified via mail or eCertification. Some owners may be eligible to satisfy the penalty by submitting a $250 payment with a timely Notice of Correction. The Notice of Violation will clearly indicate whether the violation is eligible for payment in satisfaction of civil penalties, based on whether the heat violation is the first such violation of the current or prior heat season, or the hot water violation is the first such violation of the current or previous calendar year. An owner who chooses to submit a Notice of Correction and payment in satisfaction may do so by mail or by using eCertification.

The condition must be fixed within 24 hours of the violation posting (the same as the inspection date), and the $250 payment must be made within 10 days. Payment can be made via credit card or debit card (there’s a 2.49 percent convenience fee for credit cards), or by certified check or money order. If the Notice of Correction and payment aren’t received within the 10-day period, HPD may pursue an order to correct and civil penalties in Housing Court.

Inspection Fee

HPD will charge a $200 fee for all inspections after the first two, if they result in a heat violation within the same heat season or a hot water violation within a calendar year. This fee is in addition to any civil penalties that may be imposed by the Housing Court. The fee isn’t paid directly to HPD, but will be billed to the owner though the Department of Finance on the quarterly bill following the inspection. All unpaid fees become a debt owed by the owner and a lien upon the premises. The tax lien will bear interest and may be sold and/or foreclosed to collect the amount owed through the city’s Tax Lien Sale.

Rent Reductions in Rent-Regulated Units

In addition to HPD penalties and fees, the DHCR is authorized to reduce the rent of any rent-regulated apartment in New York City when required heat and hot water services are not maintained. Tenants may file a “Tenant’s Application for Rent Reduction based upon the Owners Failure to Provide and Maintain Heat and/or Hot Water Service(s)” [DHCR Form HHW-1]. If more than one tenant wishes to file a complaint, the tenants must attach a schedule to the HHW-1 form or file “Statement of Complaint of Decrease in Building-Wide Services” [DHCR Form RA-84].

Applications based on lack of adequate heat or hot water must be accompanied by a report from the appropriate city agency finding such lack of adequate heat or hot water. For example, the DHCR will rely on HPD records to find if heat was provided to a tenant.

In one case, a rent-stabilized tenant complained to the DHCR of a reduction in required services based on no heat. HPD records showed a violation had been issued for inadequate heat throughout the building. The district rent administrator asked the owner to show if the HPD violation had been cured. The owner argued that the violation was still outstanding but applied only to a different apartment, not the tenant’s apartment. The administrator ruled for the tenant and reduced his rent.

Although the owner later filed an application to restore rent, arguing again that the heat violation didn't involve a building-wide condition and applied only to a different apartment, the district rent administrator ruled against owner since that HPD violation was still open.

The owner appealed and lost. The administrator properly relied on HPD records showing that a “code #644” violation had been issued. These violations are issued when HPD's inspector determines and verifies that there is no heat in a building. Therefore, the HPD violation in question supported a finding that there was no heat in the entire building and inadequate heat in the tenant’s apartment [Dov Land USA LLC: DHCR Adm. Rev. Docket No. HQ210038RO, August 2020].

If the DHCR finds that the owner failed to provide adequate heat or hot water, it will order a rent reduction for rent-stabilized apartments and may order one for rent-controlled apartments, and the owner will be prohibited from collecting any additional rent increases until the service is restored. It’s important to note that if a tenant receives a rent reduction from the DHCR and also receives another abatement or a rent credit because of the same conditions, the tenant cannot get both benefits at the same time.