Legal Question in Landlord & Tenant Law in New York

I am a tenant in a commercial building in upstate NY and my landlord has not put my heat on for this whole winter. My space is appx 1250 and I have three electric baseboard heaters in that whole space. He claims that is enough for my area. He has the forced hot air off due to no tenant on the second floor. The thermostat is located on the second floor and I have no control or way of controlling it. Do I have any recourse at all? I am ending my lease end of Feb. and I don't want to pay for rent these last four months due to the fact I can only get the heat up to a max of 61 degrees and could never work there because it was just too cold. I told him I have clients that are upset and I am losing business because I am not there. He told me the heat was my issue and I should have purchsed plug in unitsand used that as extra heat.


Asked on 2/25/10, 6:39 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Yes. Under law the landlord must provide heat.

Under the NYC Housing Maintenance Code, building owners are required 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:

1. 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,

2. 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.

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, NYC Housing Preservation & Development's Housing Litigation Division (HLD) may sue the building owner in Housing Court. HLD regularly reviews all heat and hot water violations.

Mike.

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Answered on 3/03/10, 4:57 am


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