NYC landlord heat requirements: the dates, temps, and fines

Last updated 2026-07-25

When does NYC's heat season start and end?

New York City's Heat Season runs from October 1 through May 31 every year. It's set in the New York City Housing Maintenance Code, and it applies to Class A multiple dwellings (generally buildings with three or more residential units) as well as many smaller buildings depending on how the property is classified under the Housing Maintenance Code ^[1]. Outside those dates, there's no citywide mandated minimum indoor temperature tied to a heat season. That doesn't mean an owner can ignore a broken boiler in July, general "warm and safe" habitability duties under the warranty of habitability still apply. But the specific hour-by-hour, degree-by-degree heat rule described below only kicks in October 1 and lifts May 31 ^[2]. If you own in a city with mandatory rental registration or licensing, heat season deadlines often line up with inspection cycles. Some cities will flag a heat complaint as an automatic trigger for a broader property inspection, so a single 311 call about a cold apartment in December can turn into a full unit walkthrough. Building that timeline into your own compliance calendar matters more than most landlords think.

What indoor temperature is a NYC landlord legally required to provide?

6am - 10pm	Outdoor temp below 55°F	68°F
10pm - 6am	Always (heat season)	62°F	One detail landlords miss: the daytime rule is conditional on outdoor temperature, but the overnight rule isn't. Even on a mild 60°F October night, you still owe tenants 62°F indoors between 10pm and 6am if it's within heat season.

The rule has two separate thresholds depending on time of day, and only one of them depends on the outdoor temperature. From 6am to 10pm: if the outdoor temperature drops below 55°F, the owner must maintain an indoor temperature of at least 68°F. From 10pm to 6am: the owner must maintain an indoor temperature of at least 62°F, regardless of what it's doing outside. This is codified in the NYC Housing Maintenance Code (NYC Admin Code § 27-2029) and administered by the Department of Housing Preservation and Development (HPD) ^[2]. HPD's own guidance states it plainly: "Owners are required to provide heat between October 1 and May 31... If the outside temperature falls below 55 degrees between the hours of 6 AM and 10 PM, indoor temperatures are required to be maintained at 68 degrees or higher. Between the hours of 10 PM and 6 AM, owners must maintain a temperature of 62 degrees or higher". | Time of day | Trigger | Required indoor minimum |

What about hot water? Does the same rule apply?

Hot water requirements in NYC run year-round, more than during heat season. Owners must supply hot water at a constant minimum temperature of 120°F at all times, 365 days a year ^[2]. This is a separate obligation from space heating and it doesn't have an October-to-May window. A landlord who lets the boiler run cold in July because it's not "heat season" is still on the hook for hot water complaints. HPD treats hot water complaints with the same urgency as heat complaints during winter months, and inspectors checking one issue will often note the other while they're in the building.

What happens if a NYC landlord doesn't provide heat? What are the fines?

Tenants (or anyone) can file a heat or hot water complaint with the city by calling 311 or filing online. HPD says it responds to heat and hot water complaints and can send an inspector, sometimes the same day during a Code Red or Code Blue enforcement push, though timing varies with call volume. If HPD substantiates a heat violation, the property can face civil penalties. HPD's published penalty schedule shows a range depending on building size and whether it's a repeat offense within the same heat season: penalties commonly cited are around $250 to $500 for a first violation and increasing for subsequent violations in the same season, with the statute allowing penalties up to $1,250 per day for repeat violations in buildings with more units, and higher tiers for landlords found to have willfully failed to provide heat ^{[2] [3]}. Because the exact dollar figure depends on unit count, prior violation history, and whether HPD or a court sets the penalty, don't treat any single number as fixed, confirm current penalty tiers directly with HPD's Emergency Repair Program or Code Enforcement division before budgeting for it. HPD can also step in and fix the heating system itself under the Emergency Repair Program, then bill the owner for the cost plus fees. That bill becomes a lien against the property if unpaid. This is often more expensive and more disruptive than just fixing the boiler yourself. Repeat or severe heat violations can also land a building on HPD's Alternative Enforcement Program or similar watch lists for chronically distressed buildings, which brings more frequent inspections and less patience from the agency going forward.

How does a heat complaint turn into an inspection, and what can the inspector look at?

Once a 311 heat complaint comes in, HPD can dispatch an inspector to the unit, and often to common areas and other units in the building, to verify indoor temperature against the outdoor reading at the time of inspection. Inspectors generally check the specific apartment that complained, but they're not limited to that unit if they see other code issues while on site, exposed wiring, water damage, pest evidence, broken smoke detectors, and so on. This is where a heat complaint can spiral into a broader set of violations totally unrelated to heat. An inspector called out for a cold radiator can end up writing up a missing smoke detector or an unpermitted partition wall too. If you're managing 1 to 10 units, a heat complaint is a reasonable moment to walk your own building beforehand and check the basics: working smoke and CO detectors, no obvious structural issues, boiler maintenance records on hand. For landlords in other mandatory-registration cities wondering what an inspector can generally look at, most municipal inspections cover life-safety systems (smoke/CO detectors, egress, electrical), structural condition, plumbing and heating function, and sometimes occupancy limits. Exact scope varies by city ordinance, so confirm with your city rental licensing office what their inspection checklist actually covers before the appointment.

Do NYC heat rules apply to every rental, or just certain building types?

The Housing Maintenance Code's heat and hot water provisions apply broadly to residential buildings covered under the code, which includes most rental housing in the city. Smaller owner-occupied buildings can have different obligations depending on classification, and co-ops and condos have their own wrinkles depending on how units are rented out. If you own a 2-family or 3-family rental in NYC and you're not sure which code classification you fall under, HPD's Owner's Guide and the Multiple Dwelling Law itself are the places to check, not a general internet summary ^{[1] [2]}. If you're a landlord who also lives in the building, you're not automatically exempt from providing heat to your tenants just because you control your own thermostat too. The 68°F/62°F standard applies to occupied rental units regardless of whether the owner also lives on site.

What should a landlord do to stay compliant before heat season starts?

Get the boiler serviced before October 1, not after the first cold snap. Boiler technicians get booked solid once temperatures drop, and a breakdown in November means tenants going cold while you wait for a service slot. Check your thermostats and any building-wide heat control systems actually hit 68°F daytime and 62°F overnight at the coldest point in the building, more than near the boiler room. Heat distribution problems (top-floor units running cold while first-floor units overheat) are one of the most common causes of heat complaints in older buildings. Keep a simple log: date, outdoor temp, indoor temp readings from a couple of units, and any maintenance done. If a complaint does come in, having your own documentation matters if HPD's finding gets disputed. If you're prepping for licensing or inspection requirements beyond just heat, a lot of this overlaps with general rental compliance work: smoke detectors, egress, basic system checks. Our $79 City Rental License & Inspection Prep Packet walks small landlords through a general pre-inspection checklist so you're not scrambling city-by-city; it's not NYC-specific legal advice, but it's a decent starting checklist if you own in a mandatory-inspection city.

What is landlording, and what does a NYC landlord actually have to manage day to day?

Landlording is the ongoing work of owning and operating rental property: collecting rent, maintaining the building, responding to repair requests, staying current on local code (like heat season rules), and handling tenant turnover. It's part maintenance manager, part bookkeeper, part compliance officer. A landlord, in the legal sense, is the owner (or an authorized agent of the owner) who leases residential or commercial space to a tenant in exchange for rent, and who takes on the legal duties that come with that, habitability, repairs, and in cities like NYC, specific heat and hot water obligations under the Housing Maintenance Code ^[2]. Day to day in NYC, that means: tracking heat season dates, keeping the boiler serviced, responding to 311 complaints fast, keeping HPD registration current (owners of most rental buildings must register with HPD annually), and knowing which of your buildings' code classification governs which rules apply ^[1].

How do you become a landlord, and what do first-time landlords need to set up?

Becoming a landlord starts with owning (or having authority to lease) residential property and deciding to rent it out. Beyond buying or inheriting a property, the practical steps are: register with your city's rental housing office if required, understand your local heat, hot water, and habitability obligations, screen tenants consistently, and use a written lease. In NYC specifically, most owners of rental buildings need to file an annual registration with HPD (Multiple Dwelling Registration), and staying current on that registration is separate from, but related to, heat season compliance. An unregistered owner can face restrictions on collecting rent or pursuing eviction cases in housing court until registration is current ^[1]. First-time landlords outside NYC should check with their specific city guides for local registration or licensing steps, since requirements vary a lot city to city and there's no single national standard.

What rights do tenants have if they don't have a signed lease?

A tenant without a signed lease generally still has rights under state and local law, a lease isn't what creates habitability protections, tenancy itself does. In NYC, a tenant occupying a unit and paying rent, even informally, is typically treated as a month-to-month tenant under New York law, and the landlord's heat, hot water, and repair obligations under the Housing Maintenance Code apply regardless of whether there's a written lease ^[2]. Without a written lease, terms default to state and local tenancy law: notice periods for ending a month-to-month tenancy, rent increase notice rules, and habitability protections all still apply. What a lack of a lease usually changes is proof of specific terms (rent amount, renewal date), not the existence of basic tenant protections. Landlords should still put terms in writing precisely because an oral or implied tenancy creates more room for dispute, not less.

How much notice does a landlord have to give tenants (for entry, rent increases, or ending a tenancy)?

Notice requirements vary significantly by state and by the type of notice, there's no single national number. In New York, for month-to-month tenancies, landlords generally must give written notice before raising rent or terminating a tenancy: 30 days if the tenant has been there less than a year, 60 days for one to two years, and 90 days for tenants of two years or more, under New York Real Property Law § 226-c ^[4]. For entry to make repairs (including heat-related repairs), NYC and New York State don't have one single statewide statute dictating an exact number of hours' notice for routine entry, but reasonable notice and reasonable purpose are the general legal standard, and many leases specify a number like 24 or 48 hours in writing. Emergency repairs, including no-heat situations, are typically treated as an exception allowing more immediate entry. Landlords outside New York should check their own state's specific statute, since notice periods for rent increases and lease termination range widely, some states use 30 days flat regardless of tenancy length, others scale with time in occupancy like New York does.

Why do landlords require renters insurance, and does it relate to heat issues?

Landlords often require renters insurance to cover a tenant's personal property and liability, since a landlord's own building insurance typically only covers the structure and the landlord's property, not a tenant's belongings or personal liability. If a pipe bursts from a heating system failure and ruins a tenant's furniture, the landlord's policy usually won't reimburse the tenant, renters insurance would. Requiring it also shifts some liability risk: if a tenant's negligence (like an overloaded space heater brought in during a heat outage) causes damage or injury, the tenant's renters insurance liability coverage can respond instead of the landlord's policy taking the full hit. It's a reasonable ask, and it's common practice, though whether it's enforceable as a lease requirement depends on state and local law.

What can't a landlord do, and how does this vary state to state (using Ohio as an example)?

Landlord restrictions vary by state, but common prohibitions across most states include: no shutting off utilities to force a tenant out (a "self-help eviction"), no retaliating against a tenant for filing a legitimate code complaint, no entering a unit without proper notice except in an emergency, and no discriminating based on protected classes under the federal Fair Housing Act ^[5]. In Ohio specifically, landlord-tenant law under Ohio Revised Code Chapter 5321 requires landlords to maintain the premises in a fit and habitable condition, keep common areas safe, and maintain electrical, plumbing, heating, and other systems in good working order ^[6]. Ohio law also prohibits landlords from retaliating against tenants who complain to a government agency about code violations, similar to the anti-retaliation protections found in many states including New York. This is a good reminder that heat and habitability rules are genuinely local. NYC's specific 68°F/62°F rule doesn't apply in Cleveland or Columbus, Ohio's general "good working order" heating standard doesn't specify exact degree thresholds the way NYC's code does. Always confirm the specific numeric standard (if one exists) with your own city or state housing office rather than assuming another jurisdiction's rule applies to you.

Frequently asked questions

What temperature does an NYC apartment legally have to be in winter?

During heat season (Oct 1 to May 31), NYC apartments must be at least 68°F between 6am and 10pm when it's below 55°F outside, and at least 62°F between 10pm and 6am regardless of outdoor temperature, per NYC Admin Code § 27-2029 and HPD guidance ^[2][3].

What months are considered heat season in NYC?

Heat season runs October 1 through May 31 each year. Outside that window, there's no citywide degree-specific heat mandate tied to a heat season, though general habitability duties to keep the unit livable still apply year-round.

How do I report no heat in NYC?

Call 311 or file a complaint through NYC's 311 online portal. HPD can dispatch an inspector to check indoor and outdoor temperatures and can substantiate a violation if the reading is below the legal minimum for the time of day ^[3].

What fines can a NYC landlord face for not providing heat?

HPD's civil penalty schedule for heat and hot water violations typically starts in the low hundreds of dollars for a first offense and can rise to as much as $1,250 per day for repeat violations depending on building size and history ^[2][4]. Confirm exact current tiers with HPD, since penalty schedules can be updated.

Does NYC require hot water year-round, more than in winter?

Yes. NYC requires a constant minimum hot water temperature of 120°F at the tap 365 days a year, separate from the seasonal heat rule that only applies October 1 through May 31 ^[2][3].

How to become a landlord?

Own or have legal authority over rental property, then register with your city's rental housing office if required, understand local habitability and heat/safety obligations, screen tenants, and use a written lease. Requirements and registration steps vary heavily by city and state, so check your local rental licensing office first.

Who is responsible for a rental property walk-through inspection in California?

In California, move-in/move-out walk-through inspections are generally the landlord's responsibility to conduct and document under California Civil Code § 1950.5, which governs security deposit itemization; the landlord must offer an initial inspection before move-out if requested by the tenant. Confirm current requirements with California's Department of Consumer Affairs or your local rental program.

What is landlording?

Landlording is the practical work of owning and operating rental property: collecting rent, maintaining the building, handling repairs, staying current on code requirements like heat season rules, and managing tenant relationships and turnover. It combines maintenance, bookkeeping, and compliance work.

What is a landlord?

A landlord is the owner (or authorized agent of the owner) of residential or commercial property who leases it to a tenant for rent and takes on the associated legal duties, including habitability, repairs, and any local heat, safety, or registration requirements that apply.

What rights do tenants have without a lease?

Tenants without a signed lease generally still have tenancy rights under state and local law, including habitability protections and standard notice requirements for rent increases or termination. In New York, occupying and paying rent typically creates a month-to-month tenancy even without a written lease ^[2].

Why do landlords require renters insurance?

Renters insurance covers a tenant's personal belongings and personal liability, which a landlord's building insurance policy typically doesn't cover. Requiring it protects tenants financially after damage (like a heating system failure) and can shift some liability risk away from the landlord's own policy.

How much notice does a landlord have to give before raising rent or ending a tenancy?

It varies by state. In New York, month-to-month tenants must generally get 30, 60, or 90 days' written notice depending on how long they've lived there (under one year, one to two years, or two-plus years) per NY Real Property Law § 226-c ^[5]. Other states use different rules.

What can a landlord look at during an inspection?

Inspectors typically check life-safety items (smoke/CO detectors, egress routes), structural condition, plumbing, electrical, and heating system function, plus any specific issue that triggered the inspection, like a heat or hot water complaint. Exact scope depends on your city's ordinance, so confirm with your local rental licensing office.

What can't a landlord do in Ohio?

Under Ohio Revised Code Chapter 5321, landlords can't fail to maintain the property in a fit and habitable condition, can't retaliate against tenants for reporting code violations, and can't shut off utilities to force a tenant out. Heating, plumbing, and electrical systems must be kept in good working order ^[7].

Sources

1. NYC HPD, Owner's Guide to the Multiple Dwelling Registration requirement: Owners of most rental buildings must register annually with HPD
2. New York City Administrative Code § 27-2029, Housing Maintenance Code (heat and hot water requirements): Heat season dates and the 68°F/62°F indoor temperature requirements, plus 120°F year-round hot water requirement
3. New York City Charter and Administrative Code, Housing Maintenance Code civil penalties (NYC Admin Code § 27-2115): Civil penalties for heat violations can reach up to $1,250 per day for repeat offenses
4. New York Real Property Law § 226-c: Notice periods of 30, 60, or 90 days required before rent increase or non-renewal based on tenancy length
5. U.S. Department of Housing and Urban Development, Fair Housing Act overview: Federal Fair Housing Act prohibits discrimination based on protected classes
6. Ohio Revised Code § 5321.04, Landlord obligations: Ohio landlords must maintain premises in fit and habitable condition and keep heating, plumbing, and electrical systems in good working order