What Temperature Is My NYC Landlord Required to Maintain?

January 10, 2026

Shivering in your NYC apartment while your landlord shrugs it off? You're not alone-NYC law sets strict heat rules to keep you warm.

Tip: Want to sanity-check a specific address? Search it on Building Health X to see recent heat/hot water, pests, noise, safety and violations across 30/90 days, 1 year and 3 years.

From heating season dates and 68 degreesF daytime to 62 degreesF nighttime minimums, plus apartment vs. hallway standards, we'll break down the Housing Maintenance Code, exceptions, 311 reporting, and penalties.

Discover your rights and how to fight back-before frostbite sets in!

What Temperature Is My NYC Landlord Required to Maintain?

New York City landlords must keep your apartment at least 68 degreesF daytime and 62 degreesF nighttime during heating season under Local Law 37 and the Housing Maintenance Code. Failures affect over 10,000 complaints yearly via NYC 311, with 2023 HPD data showing 12,500 heat violations issued. These rules ensure habitable space in cold NYC winters.

Landlords face strict temperature requirements to prevent health risks like those from freezing temperatures. Tenants can check thermostat readings at chest height in the living room. Violations lead to HPD inspections and potential fines.

Learn about the heating season timeline, how to measure indoor temperature, and your tenant rights and remedies. This guide covers radiator heat, hot water heat, and emergency repairs for cold apartments.

NYC's heat law applies to most residential buildings, including rent-stabilized units and Section 8 housing. Building superintendents must maintain heating systems, from steam heat to forced air. Proper HVAC maintenance avoids building code violations.

Heating Season Timeline

NYC's heating season runs October 31 to May 1, requiring landlords to provide heat when outdoor temps drop below 55 degreesF. This timeline from NYC Admin Code 27-2029 sets clear landlord obligations. It protects tenants during harsh NYC winters.

Date Range	Requirement	Outdoor Trigger
October 31 to May 1	68 degreesF from 6am-10pm, 62 degreesF from 10pm-6am	Below 55 degreesF average over 24 hours
June 1 to October 30	Hot water only at 120 degreesF	No heat required
Anytime (emergency)	Heat when needed for habitability	Below 55 degreesF, or extreme cold like polar vortex

During the 2022 polar vortex, HPD issued 2,000 emergency violations in one week due to burst pipes and cold weather emergencies. Tenants in older buildings with insulation issues or window drafts should prepare. Use weather stripping for energy efficiency.

Landlords must service boilers and check radiator valves before October 31. Tenants can log temperatures to document heat deficiencies. Call 311 for violation notices if minimum temperatures aren't met in bedrooms, kitchens, or bathrooms.

Minimum Temperature Requirements

Landlords must maintain 68 degreesF from 6 AM-10 PM and 62 degreesF from 10 PM-6 AM in all habitable rooms during heating season. These rules come from Housing Maintenance Code 27-2026. HPD inspections measure temperatures at chest height, about 5 feet from the floor.

Heat season runs from October 31 to May 1. Tenants in NYC rent-stabilized buildings or public assistance housing get the same protections. Keep a temperature log with a reliable thermometer to document issues.

Landlords handle radiator heat, steam heat, or hot water systems under these standards. Call 311 for a heat complaint if your apartment stays cold. HPD issues violation notices for non-compliance.

Proper thermometer placement matters during inspections. Place it away from drafts, windows, or radiators. This ensures accurate readings for habitable space like bedrooms and living rooms.

Daytime Standards (6 AM - 10 PM)

Every habitable room, bedrooms, living rooms, kitchens, must reach 68 degreesF between 6 AM and 10 PM, measured at chest height. This applies to NYC heat law in multiple dwellings. Kitchens need heat too, not just occupancy.

Check this table for specifics by room type:

Room	Min Temp	Measurement Spot
Bedroom	68 degreesF	Center of room, chest height
Living Room	68 degreesF	Center, 5 feet from floor
Kitchen	68 degreesF	5 feet from floor, away from stove
Dining Area	68 degreesF	Chest height, no drafts

In Rodriguez v. super, a 2019 Housing Court case ruled kitchen heat required even without cooking. Tenants won rent abatement for violations. Use this to push for radiator valve fixes or boiler service.

Report building code violations via 311. HPD photos often show thermometers at proper spots during inspections. Document your own readings to build a case for housing court.

Nighttime Standards (10 PM - 6 AM)

Nighttime minimum drops to 62 degreesF from 10 PM-6 AM but still applies to all habitable areas including dens used as bedrooms. This gives landlords some savings over daytime 68 degreesF rules. Fines remain the same for violations.

The lower temp prevents freezing temperatures and pipe bursts in winter. It covers rent-stabilized units and Section 8 housing. Elderly tenants or those with asthma need steady warmth to avoid health triggers.

In a 2023 Brooklyn case, a tenant won rent abatement for bedroom readings at 58 degreesF. They kept detailed logs showing consistent shortfalls. Courts award relief based on such proof in HP action.

Start a temperature log template: note time, room, reading, and conditions each day. Use a digital thermometer for accuracy. Share logs with your building superintendent or property management before escalating to HPD.

Apartment vs. Common Area Rules

Private apartments require stricter 68 degreesF/62 degreesF while common areas like hallways need only 55 degreesF minimum. This difference stems from NYC heat law under Local Law 37 and the Housing Maintenance Code. Tenants often face colder hallways despite paying rent for the whole building.

Apartment temperature requirements apply to habitable spaces like bedrooms and living rooms. Landlords must ensure radiator heat or heating systems keep these areas at 68 degrees from 6am to 10pm during heat season, October 31 to May 1. Nighttime drops to 62 degrees protect tenant health in cold apartments.

Common areas have looser rules due to less constant use. Hallways and lobbies stay at 55 degrees anytime, reflecting intermittent occupancy. HPD enforces these via 311 complaints, treating hallway issues as Class B violations for faster response.

Location	Day Min (6am-10pm)	Night Min (10pm-6am)	Enforcement
Apartment	68 degreesF	62 degreesF	Class C (standard)
Hallway/Lobby	55 degreesF	55 degreesF	Class B (faster HPD action)

Use this table for quick reference on landlord obligations. Report violations separately to cover both spaces. Thermometer readings at chest height confirm compliance during inspections.

Public Hallways and Lobbies

Hallways, stairwells, and lobbies must stay at 55 degreesF at all times, lower threshold due to intermittent occupancy. This minimum temperature prevents freezing temperatures in shared spaces. Tenants rely on it for safe access during NYC winter.

Report cold hallways separately via 311 complaint under Category C violations. HPD treats these as Class B violations, prompting quicker inspections than apartment issues. Building superintendents must address heating system failures promptly.

For example, a 2024 Upper West Side building faced citations for a 48 degreesF lobby, resulting in $250 fines per violation. Tenants documented with personal thermometers at chest height. HPD inspections often reveal boiler service lapses or insulation issues.

Practical steps include checking thermostat readings in lobbies and photographing evidence for 311 calls. Request emergency repair if pipes risk freezing or burst pipes. Elderly tenants or those with asthma benefit from consistent warmth to avoid health triggers.

Legal Basis: Housing Maintenance Code

NYC Administrative Code 27-2026 and Local Law 37 of 2019 codify these exact temperatures as minimum habitability standards. These rules fall under the Housing Maintenance Code, enforced by the Department of Housing Preservation and Development (HPD). They ensure NYC landlords provide adequate heat in cold apartments during winter.

Key sections include 27-2026 for specific temperatures, 27-2029 defining the heat season, and 27-2030 on heating systems. The code states: "The owner of a multiple dwelling shall provide heat at a temperature of not less than 68 degrees Fahrenheit in every habitable room... between 6:00 a.m. and 10:00 p.m." For nighttime, it requires at least 62 degrees. Landlords must maintain radiator heat or other systems to meet these marks.

A 2023 amendment expanded coverage to kitchenettes, treating them as habitable spaces under indoor temperature rules. This closes gaps for smaller units in rent-stabilized buildings. Tenants can now expect consistent living room temp, bedroom temp, and kitchen heat.

Violations trigger HPD action through 311 complaints. Classes range from A to C, with fines scaling by severity. Use the table below for details on building code violations and penalties.

Violation Class	Description	Fine Range
Class A	Non-hazardous, like minor heat deficiency	$250 - $500
Class B	Immediately hazardous, such as sustained low temps	$500 - $1,000
Class C	Critical, risking freezing temperatures or burst pipes	$1,000 - $2,000

27-2026: Exact Temperature Requirements

Section 27-2026 sets precise minimum temperature levels for habitable spaces. It mandates 68 degrees Fahrenheit from 6am to 10pm and 62 degrees from 10pm to 6am during heat season. Measure at chest height with a thermostat reading away from radiators.

For non-heat season, the baseline is 55 degrees around the clock. This covers winter heating and prevents issues like pipe freezing in cold weather emergencies. Examples include steam heat, hot water heat, or forced air systems.

Landlords bear utility responsibility for the heating system. Tenants should log temperatures daily, noting thermometer placement in the living room or bedroom. Report failures as heat law violations to enforce tenant rights.

27-2029: Defining the Heat Season

Section 27-2029 outlines the heat season from October 31 to May 1. During this period, full NYC landlord obligations apply for indoor temperatures. Outside it, only the 55-degree minimum holds in non-heat season.

This schedule aligns with NYC winter demands, including polar vortex prep. Building superintendents must activate HVAC maintenance and boiler service before October 31. Tenants in public assistance housing or Section 8 get the same protections.

Track dates carefully for 311 complaints. If heat drops below 62 degrees at night, it's a violation notice trigger. This supports habitability standards for elderly tenants or those with asthma heat triggers.

27-2030: Heating System Standards

Section 27-2030 requires landlords to keep heating systems operational. Owners must repair or replace faulty radiator valves, address insulation issues, or fix window drafts. Weather stripping and energy efficiency upgrades help maintain temps.

The code covers multiple dwelling law requirements for rent-stabilized buildings. Emergency repairs follow HP action or DOB inspections. Avoid space heater risks; electric heater bans promote fire safety.

For sublets or roommate disputes, heat rights remain with the leaseholder. Property management must prioritize landlord obligations. Use temperature logs for housing court or rent withholding if needed.

Exceptions and Special Cases

Certain conditions like weather emergencies or building-wide failures trigger special landlord obligations and faster HPD response. NYC heat laws include exceptions for elderly or disabled tenants, sublets, emergencies, HVAC breakdowns, and new constructions. These cases often demand quicker action to meet minimum temperature standards.

For elderly tenants, landlords must prioritize heat in habitable spaces to prevent health risks from cold. Sublets follow the same housing maintenance code rules as primary leases. Emergencies like pipe freezing activate emergency repair protocols under Local Law 37.

HVAC failures require documented temperature logs at chest height in living rooms and bedrooms. New buildings under multiple dwelling law face stricter initial inspections for heating systems. Tenants in these situations can file 311 complaints for HPD violations.

Understanding these exceptions protects tenant rights during NYC winter. Property management must address heat deficiencies promptly to avoid fines or HP actions.

Building-Wide Heat Failures

When 80%+ of building systems fail, HPD orders emergency repairs within 24 hours under multiple dwelling law. This applies to boiler breakdowns affecting multiple units in NYC apartment buildings. Landlords face immediate violation notices for failing winter heating obligations.

Follow this step-by-step crisis protocol. First, call the building superintendent or property management. Next, dial 311 for an emergency heat complaint with details on indoor temperatures below 62 degrees.

Call your super or landlord to report the heat failure.
Dial 311 and use this script: "My building at [address] has no heat due to boiler failure. Thermostat reads below 55 degrees in living room and bedroom since [time]. This affects multiple units."
Request HPD 24-hour inspection for habitability standards violation.

In a 2022 Queens case, a 100-unit building's boiler failed during heat season. HPD issued an emergency order, fined the landlord $10K, and tenants received HP Action rent reductions. Such failures highlight risks like burst pipes and mold from cold.

How to Report Violations

NYC 311 handles all heat complaints with an 8-hour emergency response for temps below 62 degreesF daytime. Tenants facing heat law violations should first document conditions before filing. This ensures HPD inspections have solid evidence.

The Department of Housing Preservation and Development receives thousands of winter heating calls each year. Proper reporting leads to violation notices that force landlords to fix heating system issues. Follow the structured process for best results.

Start by notifying your NYC landlord in writing about the minimum temperature problem. Keep records of all communications. Then proceed to the official 311 system for enforcement.

Success comes from detailed temperature logs during inspections. HPD checks habitable space like living rooms and bedrooms. Landlords must comply or face fines under local law 37.

311 Reporting Process

Document temps first: Use a digital thermometer at chest height, log 3 readings per day, then call 311 with your complaint. This proves indoor temperature falls below housing maintenance code standards. Accurate logs strengthen your tenant rights.

Buy an infrared thermometer for precise measurements in areas like the bedroom or kitchen. Place it away from radiator heat or drafts. Log data over 72 hours to show patterns.

Purchase an infrared thermometer for reliable thermostat readings.
Record temperatures three times daily at chest height in main rooms for 72 hours.
Notify your landlord in writing, citing local law 37 requirements for 68 degrees from 6am to 10pm.
Call 311 and provide your building's BIN number; use this script: "My apartment is below 62 degrees daytime. BIN is [number]. I have logs showing violations during heat season."
Prepare for HPD inspection; show your temperature log template on-site.
Receive a violation number if confirmed; track via 311 portal.
Follow up weekly with HPD on repairs to heating systems or boiler service.

Use this temp log template: Date, Time, Room (e.g., living room), Temperature, Notes (e.g., window drafts). Photos of cold radiators help too. This process applies to rent-stabilized buildings and protects against pipe freezing.

Landlord Penalties and Tenant Remedies

Landlords face $250-$2000 per violation plus tenant remedies like rent withholding (up to 100%) via HP Action. These penalties come from NYC's housing maintenance code and Local Law 37 for heat season violations. Tenants can report issues to trigger fines and repairs.

The Department of Housing Preservation and Development (HPD) classifies violations by severity. Class A covers minor issues like drafts, while Class C targets critical heat deficiencies below 55 degrees. Fines escalate with repeat offenses in rent-stabilized buildings.

Here's a table of common landlord penalties for temperature violations:

Class	Fine Range	HPD Response Time
Class A (minor)	$250-$500	Non-emergency, 14 days
Class B (hazardous)	$500-$1000	21 days
Class C (immediately hazardous)	$1000-$2000	24 hours or emergency repair

In a 2023 Manhattan case, a tenant recovered three months' rent ($12K) for a chronic 58 degreesF apartment. The court ordered full rent withholding after documenting radiator failures during winter heating season. This shows how persistent logs strengthen tenant claims.

Tenant Remedies Overview

Tenants have strong tenant rights under NYC rent laws for minimum temperature failures. Start by calling 311 for a complaint, which prompts HPD inspections. Document everything with thermostat readings at chest height in living rooms and bedrooms.

Use these key remedies when your NYC landlord ignores heat law obligations:

Emergency rent reduction: HPD grants up to 100% abatement for uninhabitable cold.
HP Action form: File for overcharge refunds tied to heat violations.
Housing Court Order to Correct: Judge mandates repairs and back rent.
Rent withholding formula: Withhold based on days below 68 degrees from 6am to 10pm.

For example, in freezing temperatures, notify your building superintendent first. If no fix, escalate to legal aid or tenant hotline for housing court support.

Practical Steps for Rent Withholding

Follow the rent withholding formula carefully to avoid eviction risks. Calculate based on heat season standards: 100% for below 55 degrees anytime, or 62 degrees from 10pm to 6am. Place thermometers away from radiators for accurate logs.

Put withheld rent in escrow and notify your property management in writing. Courts uphold this for habitability standards breaches, like burst pipes from poor heating systems. Elderly tenants or those with asthma can cite health needs for faster relief.

Experts recommend combining with 311 complaints for violation notices. Track DOB inspections for boiler service issues. This multi-step approach maximizes recovery in cold apartment disputes.

Frequently Asked Questions

What Temperature Is My NYC Landlord Required to Maintain?

In New York City, under the NYC Housing Maintenance Code and Local Law 42 of 2019, landlords must maintain a minimum temperature of 68 degreesF from 6:00 AM to 10:00 PM when the outdoor temperature is 55 degreesF or below, and 62 degreesF all night from 10:00 PM to 6:00 AM when the outdoor temperature is 40 degreesF or below. This applies to residential buildings with heat supplied by the landlord.

What are the exact NYC heat requirements for apartments during winter?

What Temperature Is My NYC Landlord Required to Maintain? Specifically, for What Temperature Is My NYC Landlord Required to Maintain?, the rules mandate 68 degreesF daytime (6 AM-10 PM) above 55 degreesF outside, and 62 degreesF nighttime (10 PM-6 AM) above 40 degreesF outside. Heat must be provided from October 1 to May 31.

Does my NYC landlord have to provide heat year-round, or just in winter?

What Temperature Is My NYC Landlord Required to Maintain? The heating season runs from October 1 through May 31. During this period, What Temperature Is My NYC Landlord Required to Maintain? is 68 degreesF during the day (6 AM-10 PM) when outdoor temps are 55 degreesF or below, and 62 degreesF at night (10 PM-6 AM) when 40 degreesF or below.

What should I do if my NYC apartment is below the required heat level?

First, notify your landlord in writing. If unresolved, call 311 to report a heat violation-what temperature is my NYC landlord required to maintain? Inspectors will check against the standards of 68 degreesF daytime and 62 degreesF nighttime. You may also pursue emergency repairs or rent reduction via HPD.

Are there different heat rules for NYC public housing or rent-stabilized apartments?

What Temperature Is My NYC Landlord Required to Maintain? The same standards apply citywide to all residential buildings where heat is provided by the landlord, including NYCHA and rent-stabilized units: 68 degreesF from 6 AM-10 PM (outdoor 55 degreesF+), 62 degreesF overnight (outdoor 40 degreesF+). NYCHA has additional federal guidelines aligning with these.

Can my NYC landlord charge extra for heat or turn it off in summer?

What Temperature Is My NYC Landlord Required to Maintain? Heat is included in rent for most units; extra charges are illegal if heat is landlord-supplied. They cannot turn it off arbitrarily during the season, but no heat is required June 1-September 30. Violations of What Temperature Is My NYC Landlord Required to Maintain? can lead to fines up to $250 per day.