Renting & housing · Your right
Heat and hot water in New York City: required temperatures and how to complain
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
In New York City, building owners must provide heat from October 1 to May 31. Between 6 a.m. and 10 p.m., when it's below 55°F outside, your apartment must be at least 68°F; between 10 p.m. and 6 a.m., at least 62°F, whatever the weather. Hot water must be at least 120°F every day of the year. These are NYC rules enforced by HPD; tell your landlord first, then call 311. Outside New York City, local codes differ, but the state warranty of habitability still requires a livable home.
Read on for the details, the exceptions and the sources.
In plain words
- Heat season
- October 1 to May 31, when NYC owners must supply heat.
- HPD
- The NYC Department of Housing Preservation and Development, which inspects apartments and issues housing code violations.
- Emergency Repair Program (ERP)
- HPD's program that can hire a contractor to restore heat or hot water and bill the owner.
- HP action
- A Housing Court case a tenant brings to make the owner fix conditions and restore services.
What is it?
HPD states that building owners in New York City are legally required to provide heat and hot water to their tenants. Hot water must be provided 365 days a year at a constant minimum of 120°F, and heat must be provided during 'heat season,' from October 1 through May 31.
These numbers apply in New York City only. State law also addresses heat in multiple dwellings: Multiple Dwelling Law § 79 requires heat from October 1 to May 31, at least 68°F from 6 a.m. to 10 p.m. when it's below 55°F outside, and at least 55°F overnight when it's below 40°F outside. The nighttime rule HPD enforces in New York City (62°F, whatever the weather) is stricter. Everywhere in the state, a lack of heat or hot water on a regular basis may breach the warranty of habitability (Real Property Law § 235-b).
Who qualifies?
Tenants in New York City residential buildings. If you rent outside the city, check your local housing code and contact your local code enforcement office; your rights under the warranty of habitability apply statewide.
Exceptions
- Daytime heat (6 a.m. to 10 p.m.) is required only when the outside temperature is below 55°F, and HPD can issue a daytime violation only when the inspector records an outdoor temperature below 55°F.
- Outside heat season (June 1 to September 30), the heat rules don't apply; hot water is required all year.
- Outside New York City, these specific numbers don't apply; local rules and the warranty of habitability do.
How much?
- 6 a.m. to 10 p.m.: at least 68°F inside, when it's below 55°F outside.
- 10 p.m. to 6 a.m.: at least 62°F inside, whatever the outside temperature.
- Hot water: at least 120°F, constant, all year.
How is it calculated?
HPD inspectors take the indoor temperature and record the outdoor temperature on every inspection. A daytime violation needs both an indoor reading below 68°F and an outdoor temperature below 55°F; a nighttime violation needs only an indoor reading below 62°F.
To support your complaint, keep your own log: use a thermometer in the middle of a room, away from windows and heat sources, note the date and time of each reading, and the outdoor temperature from a weather report. Photos of the thermometer with a time stamp help.
What documents do you need?
- Your temperature log and photos
- Messages to the landlord or super and their replies
- 311 complaint numbers
- HPD inspection cards or violation notices
- Receipts for costs, such as space heaters, if you seek a rent reduction
How do you get it?
Tell the landlord or super
HPD recommends contacting the landlord first; it's often the quickest fix.
Call 311
If the owner doesn't respond, file a complaint by calling 311 (TTY 212-504-4115) or through 311 Online or the 311 app. You can complain anonymously.
HPD follows up
HPD tries to reach the owner, may contact you to see whether heat is restored, and tries to inspect. If you're not home, the inspector may try another apartment.
Check the status
Look up open heat and hot water violations and your complaint on HPDONLINE.
What if they refuse?
- If an owner doesn't restore heat or hot water after a violation, HPD's Emergency Repair Program may hire a contractor to restore service and bill the owner.
- HPD can take the owner to court and seek civil penalties of $250 to $500 per day for an initial heat or hot water violation, and $500 to $1,000 per day for later violations at the same building in the same or next calendar year or heat season.
- You can bring an HP action in Housing Court to get an order to restore services, and ask for a rent reduction for the time you went without.
- Rent-stabilized or rent-controlled tenants can also complain to DHCR, which may reduce the rent.
- Retaliating against you for complaining is illegal (Real Property Law § 223-b).
Deadlines
- Heat season: October 1 through May 31.
- Day hours: 6 a.m. to 10 p.m.; night hours: 10 p.m. to 6 a.m.
- Hot water: every day of the year.
- Report problems promptly: inspectors can only cite conditions they find.
Figures that change
- NYC heat season: October 1 – May 31 (as of 2026-10-30; Heat and Hot Water Information)
- NYC daytime minimum (6 a.m.–10 p.m., when below 55°F outside): 68°F (as of 2026-10-30; Heat and Hot Water Information)
- NYC nighttime minimum (10 p.m.–6 a.m.): 62°F (as of 2026-10-30; Heat and Hot Water Information)
- NYC hot water minimum, all year: 120°F (as of 2026-10-30; Heat and Hot Water Information)
Frequently asked questions
It's 50°F outside at noon and my apartment is 64°F. Is that a violation?
In NYC, yes: between 6 a.m. and 10 p.m., when it's below 55°F outside, the inside must be at least 68°F. Report it to 311.
Can I complain without my landlord knowing it was me?
HPD says you can file anonymously through 311. In that case, the inspector will choose an apartment at random to try to inspect.
I can't afford to pay for heat in my home. Is there help?
HPD notes that the NYC Human Resources Administration offers emergency heating assistance through the Home Energy Assistance Program (HEAP) to low-income homeowners and renters who qualify. Call 311.
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- Heat and Hot Water Information (opens in a new tab)NYC Department of Housing Preservation and Development (HPD) · Checked: October 30, 2026NYC heat season, day and night minimums, 120°F hot water, 311 complaints, inspections, Emergency Repair Program, owner penalties, HEAP
- N.Y. Multiple Dwelling Law § 79 — Heating (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 79(1) · Checked: October 30, 2026State heat requirements for multiple dwellings, October 1 to May 31
- N.Y. Real Property Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 235-b; § 223-b · Checked: October 30, 2026Warranty of habitability statewide; protection against retaliation
- Tenants' Rights and Responsibilities (opens in a new tab)NYC Department of Housing Preservation and Development (HPD) · Checked: October 30, 2026HP actions and DHCR complaints in NYC
- Residential Tenants' Rights Guide (opens in a new tab)Office of the New York State Attorney General · Checked: October 30, 2026Lack of heat or hot water as a breach of the warranty of habitability
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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.