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Legal temperature? You mean a law that states you have to have your apartment a certain temperature? No such thing exists. If you are renting an apartment and don't have cooling or heat you can complain about your living conditions, but no one can tell you how hot or cold to set the temperature.

monika_newyorker

I have somehow better info

The City Housing Maintenance Code and State Multiple Dwelling Law requires building owners to provide heat and hot water to all tenants. Building owners are required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Between October 1st and May 31st, a period designated as "Heat Season," building owners are also required to provide tenants with heat under the following conditions:

  • Between the hours of 6:00 AM and 10:00 PM, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit; and,

  • Between the hours of 10:00 PM and 6:00 AM, if the temperature outside falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.

Tenants who are cold in their apartments should first attempt to notify the building owner, managing agent or superintendent. If heat is not restored, the tenant should call the City's Citizen Service Center at 311 (311 can be accessed outside of New York City by dialing (212) NEW YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is open 24-hours a day, seven-days a week.

When the City's Citizen Service Center receives a complaint, HPD staff will attempt to contact the building's owner or managing agent to get heat or hot water service restored. Before an HPD code inspector is dispatched to the building, HPD will call the tenant back to determine whether service has been restored. If service has not been restored, an HPD inspector is sent to the building usually within 48 hours under normal conditions to verify the complaint and issue the appropriate violation.

In cases where private owners fail to restore heat and hot water, or when HPD is unable to reach owners, HPD's Emergency Repair Program (ERP) uses in-house staff and private contractors to make the necessary repairs to restore essential services.

If a building owner fails to provide heat and hot water during the winter or has a serious history of flagrantly disregarding obligations to provide service to tenants, HPD's Housing Litigation Division (HLD) may sue the building owner in Housing Court. HLD regularly reviews all heat and hot water violations.

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