Last updated 2026-07-26
TL;DR
Yes. New York City law requires landlords to provide heat from October 1 through May 31 ("Heat Season"). Indoor temperatures must hit at least 68°F during the day when it's below 55°F outside, and 62°F at night regardless of outside temperature. Violations go through HPD and can trigger fines, emergency repairs, and court orders.
Are landlords required to provide heat in NYC?
Yes. New York City's Housing Maintenance Code requires owners of residential buildings to supply heat to every apartment during what the city calls "Heat Season," which runs from October 1 through May 31 each year [1]. This isn't a courtesy or a lease negotiation point. It's a legal minimum enforced by the Department of Housing Preservation and Development (HPD), and it applies whether the tenant has a written lease, a verbal agreement, or no lease at all. The rule covers both heat and hot water, though the hot water requirement runs year-round (year-round minimum of 120°F at the tap, per HPD's Heat and Hot Water rules) while the heat requirement is seasonal [2]. Landlords who own multifamily buildings, including small buildings with just a handful of units, are subject to the same standard as large management companies. Owning one duplex in Queens doesn't get you an exemption. If you're new to renting out property in a city with codified heat rules, this is one of the first things to build into your annual calendar, right alongside your rental license renewal and any required inspections.
What are the exact temperature and time rules landlords must follow?
| 6:00 a.m. to 10:00 p.m. | Outdoor temp below 55°F | 68°F | |
|---|---|---|---|
| 10:00 p.m. to 6:00 a.m. | No trigger, applies always | 62°F | New York City Administrative Code Section 27-2029 states that during Heat Season, when the outside temperature falls below 55 degrees Fahrenheit between 6:00 a.m. and 10:00 p.m., "every owner... shall maintain the temperature in each dwelling unit at not less than sixty-eight degrees Fahrenheit," and between 10:00 p.m. and 6:00 a.m., "at not less than sixty-two degrees Fahrenheit" regardless of outdoor temperature [1]. Outside of Heat Season, meaning June through September, there's no legal heat mandate, though hot water rules still apply year-round [2]. |
NYC's rule has two separate temperature triggers, and it's worth knowing both because tenants and inspectors check them differently. During the day, from 6:00 a.m. to 10:00 p.m., landlords must maintain an indoor temperature of at least 68°F whenever the outdoor temperature drops below 55°F [1]. If it's 60°F outside, there's no daytime heat obligation triggered by that rule; if it drops to 50°F outside, the indoor reading needs to be at least 68°F. At night, from 10:00 p.m. to 6:00 a.m., the rule is simpler and stricter in one sense: indoor temperature must stay at least 62°F regardless of what it's doing outside [1]. That night minimum applies every night of Heat Season, whether it's 20°F or 50°F outdoors. Here's the breakdown in one table: | Time period | Outdoor trigger | Required indoor minimum |
What happens if a landlord doesn't provide heat in NYC?
Tenants who aren't getting adequate heat can file a complaint with HPD through 311, and HPD is required to investigate. If an inspector confirms a heat or hot water violation, HPD issues a violation against the building, and the city can pursue civil penalties against the owner. Fines aren't trivial. Under the Housing Maintenance Code, civil penalties for heat and hot water violations run from $250 to $500 per violation for a first offense in a heat season, and repeat violations climb from there, with penalties reaching up to $1,000 or more per day for subsequent violations within the same or following heat seasons [3]. The exact per-day and repeat-offense figures depend on the specific violation class and whether HPD or a court is assessing them, so if you're facing an active violation, check the current schedule directly with HPD or your city's rental licensing office rather than relying on last year's numbers. Beyond fines, HPD can also perform emergency heat repairs itself if a landlord fails to fix a heat outage, then bill the owner for the cost plus an administrative fee. In more severe or repeated cases, tenants or the city can pursue litigation, including actions in NYC's Housing Court, that can result in court orders (sometimes called consent orders) mandating repairs on a deadline, with additional penalties for noncompliance. A string of open heat violations also shows up on the building's HPD profile, which is public. That kind of record can complicate refinancing, insurance renewal, and future compliance with programs tied to a rental license or registration, so it's more than a one-season problem.
How do tenants report a heat complaint, and what happens next?
Tenants report inadequate heat by calling 311 or filing online through NYC's 311 portal. HPD dispatches inspectors, and if a violation is confirmed, the agency notifies the owner and starts the clock on required repairs. For landlords, the practical move is to treat every heat complaint as urgent, not as something to smooth over in a week. HPD inspectors can and do show up with little advance notice during Heat Season, especially when a building has a history of complaints or when 311 call volume for that address spikes during a cold snap. If you get a call from a tenant that the boiler's out, fix it immediately or get a qualified technician out same-day if at all possible. Waiting even 48 hours during a cold week is exactly the kind of gap that turns into a documented violation, and once HPD has documented it, you're dealing with fines and a public record instead of a private repair.
Do landlords have to provide heat outside of NYC too?
Most cities and states with cold winters have some version of a heat requirement, but the specific temperatures, seasonal dates, and enforcement agency vary a lot. New York State's Multiple Dwelling Law and various local housing codes set baseline standards, and NYC's Housing Maintenance Code is one of the more detailed and aggressively enforced versions in the country [1]. If you own property outside NYC, don't assume the 68°F/62°F, October 1 to May 31 rule applies. Every jurisdiction with a mandatory rental licensing or inspection program tends to set its own numbers, its own season dates, and its own penalty structure. Always confirm the current heat requirement with your specific city's rental licensing office or housing code enforcement division before winter starts, because these thresholds do get updated periodically. This is one reason landlord requirements can look wildly different a few miles apart. A duplex in one town might have no heat mandate at all outside a general "habitability" standard, while a similar unit inside NYC city limits falls under one of the most detailed seasonal heat codes on the books.
What is landlording, and what does it actually involve day to day?
Landlording is the ongoing work of owning and managing rental property: collecting rent, maintaining the unit, handling repairs, staying compliant with local codes (heat rules being one obvious example), screening tenants, and managing the legal relationship defined by the lease and local law. It's not passive income in the way a lot of first-time landlords expect. A single-family rental or small multifamily building still needs someone answering the phone when the heat goes out at 11 p.m. in January, someone tracking when the rental license renews, and someone who knows what the local inspection checklist covers before an inspector shows up unannounced. For landlords managing property in a city with mandatory rental licensing, inspection, or registration, landlording also means building a compliance calendar: license renewal dates, inspection windows, required disclosures, and seasonal obligations like NYC's Heat Season. Missing one of these isn't usually catastrophic on its own, but a pattern of missed deadlines is exactly what turns into fines, and fines are exactly what turns into scrutiny on your next inspection cycle.
What is a landlord, legally speaking?
A landlord is the owner (or an owner's authorized agent, like a property manager) who leases real property to a tenant in exchange for rent. Legally, a landlord takes on specific obligations set by state landlord-tenant law and local housing codes: providing a habitable unit, maintaining required systems like heat and hot water, respecting the tenant's right to quiet enjoyment, and following legal procedures for entry, notice, and eviction. In NYC specifically, being a landlord of a residential building means being subject to the Housing Maintenance Code, which covers more than heat but things like pest control, lead paint disclosure and remediation rules, smoke detector requirements, and window guard rules where applicable [1]. A landlord isn't just "the person who owns the building." It's a legal role with a defined set of duties attached, and those duties don't shrink just because you only own one or two units.
How do you become a landlord, and what do you need to get right from day one?
Becoming a landlord starts with owning (or having authority to lease) residential property, then meeting your city and state's registration, licensing, and code requirements before you put a unit on the market. In a mandatory rental-licensing city, that usually means registering the property with the local housing agency, passing an initial inspection, and keeping the license current through renewals. A practical first-year checklist looks something like this: confirm whether your city requires a rental license or registration (many do, and requirements vary block by block in some states), schedule any required initial inspection, learn your local heat, hot water, and habitability minimums, get a lease that matches state law, and set up a system for tracking notice periods, renewal dates, and repair requests. New landlords in cities with active inspection programs often underestimate how much paperwork and lead time is involved before that first unit can legally be rented. If you're trying to get organized before an inspection or licensing deadline, our $79 City Rental License & Inspection Prep Packet is built around exactly that first-year checklist, city-specific requirements filled in by you as you confirm them with your local office.
Who is responsible for a rental property walkthrough inspection in California?
In California, walkthrough inspections are generally split by purpose. Move-in and move-out inspections are the landlord's responsibility under California Civil Code Section 1950.5, which requires landlords to conduct an initial move-out inspection if requested by the tenant, giving the tenant a chance to fix issues before the final deposit deduction is calculated [4]. Separately, some California cities with rent control or proactive rental inspection programs (Los Angeles's Systematic Code Enforcement Program is one well-known example) require periodic habitability inspections conducted by city inspectors, not the landlord [5]. In those programs, the landlord's job is to schedule access, fix cited violations, and pay associated inspection fees, while the actual inspection and violation determination is the city's call. So the honest answer is: it depends which inspection you mean. Move-in/move-out condition inspections are a landlord-tenant matter governed by state deposit law. Code compliance inspections in cities with proactive rental inspection programs are conducted by the municipality. Confirm which category applies with your specific city's rental housing or code enforcement department.
What can a landlord look at during an inspection?
During a routine habitability or code-compliance inspection, whether it's a landlord's own walkthrough or a city inspector's visit, the scope is generally limited to the condition of the unit and its systems, not the tenant's personal belongings. Typical inspection points include smoke and carbon monoxide detectors, heating and hot water systems, plumbing and electrical fixtures, window locks and guards where required, pest evidence, mold or moisture damage, and general structural safety items like handrails and flooring. A landlord conducting their own walkthrough (for move-in/move-out documentation, for example) can photograph and note the condition of walls, floors, appliances, and fixtures. What a landlord generally cannot do is search through a tenant's personal property, open closets or drawers without cause, or use a routine inspection as a pretext to surveil the tenant. City code inspectors, when they're the ones conducting a licensing or registration inspection, are typically checking against a specific published checklist (smoke detectors, heat source functioning, no illegal occupancy, working plumbing, egress windows, and similar safety items). If you're prepping for one of these, ask your city's rental licensing office for their actual inspection checklist ahead of time rather than guessing. Most cities that run these programs publish one.
How much notice does a landlord have to give before entering or inspecting a unit?
Notice requirements vary significantly by state, so there's no single national number. California generally requires at least 24 hours' written notice before entry for non-emergency purposes, under California Civil Code Section 1954, with reasonable time of day also required [6]. Many other states use a similar 24 to 48 hour range, but timeframes, required delivery method (written vs. verbal), and emergency exceptions differ state by state. New York doesn't have one single statewide statute mirroring California's specific 24-hour rule for all entries, but courts and standard lease practice generally require reasonable advance notice except in emergencies, and NYC housing law recognizes emergency access (like an active heat outage or water leak) as an exception where landlords or their agents can enter without the usual notice period. Because this varies by state and sometimes by city, the safe approach for any landlord is: check your specific state's landlord-tenant statute for the entry notice requirement, put that same standard in your lease in writing, and always document notice given (date, method, and reason) in case a dispute comes up later.
Why do landlords require renters insurance?
Landlords require renters insurance mainly to shift liability and personal property risk away from the landlord's own policy. A landlord's insurance typically covers the building structure, not a tenant's belongings, and it generally doesn't cover a tenant's liability if, say, the tenant's dog bites a visitor or the tenant accidentally causes a kitchen fire that damages a neighboring unit. Requiring renters insurance (often with a modest minimum liability coverage amount, commonly in the $100,000 range, though this is a landlord/lease choice rather than a fixed legal figure in most states) reduces the odds that a tenant's negligence turns into a claim against the landlord's own policy or a lawsuit the landlord has to help defend. It also means a tenant who loses belongings in a fire or burst pipe has their own coverage instead of expecting the landlord to make them whole. Whether a landlord can legally require renters insurance depends on state and local law, and if it's not mentioned in the lease, a landlord generally can't add it as a requirement mid-tenancy. This is a lease-drafting question specific to your state, so it's worth confirming the enforceability of a renters insurance clause with a local attorney or your state's landlord-tenant statute rather than assuming it's automatically enforceable everywhere.
What rights do tenants have without a lease?
Tenants without a written lease, often called month-to-month or at-will tenants depending on the state, still have real legal protections. Habitability standards (heat, water, structural safety, pest control) generally apply regardless of whether there's a written lease, because those obligations come from housing code and state law, not from the lease document itself. Without a written lease, the tenancy is usually treated as month-to-month, meaning either party can end it with proper notice, and the required notice period is set by state law (commonly 30 days, though it varies and can be longer for longer-term tenants in some states and cities). Rent amount and other terms, if not written down, get established by whatever was actually agreed to and paid, which is exactly why disputes without a written lease get messy. In NYC, a tenant without a written lease in a building subject to the Housing Maintenance Code is still entitled to the same heat, hot water, and safety standards as a tenant with one [1]. The lease affects rent terms and notice periods far more than it affects a landlord's basic code obligations.
What can't a landlord do in Ohio?
Ohio landlord-tenant law, primarily under Ohio Revised Code Chapter 5321, sets out specific things a landlord cannot do. A landlord cannot shut off utilities, change the locks, or remove a tenant's belongings to force them out without going through the formal eviction process in court, a practice generally called "self-help eviction," and Ohio law requires landlords to use the courts instead [7]. Ohio law also requires landlords to maintain the premises in a fit and habitable condition, keep common areas safe, and comply with building and housing codes, meaning a landlord can't simply ignore serious repair requests indefinitely [7]. A landlord also generally can't retaliate against a tenant for legitimate complaints, such as reporting a code violation, by raising rent, cutting services, or attempting eviction shortly after that complaint, since courts in many states, Ohio included, will scrutinize suspiciously-timed landlord actions that follow a tenant's exercise of legal rights. As with entry-notice rules, the exact list of prohibited landlord actions and available tenant remedies is set at the state level, so anyone renting property in Ohio should read Chapter 5321 directly or confirm current requirements with a local housing attorney rather than relying on general summaries.
How does NYC's heat law connect to rental licensing and inspections generally?
Heat compliance isn't a separate silo from the rest of your compliance obligations, it's one line item in a much larger set of things HPD and other city agencies check when they interact with your building. A pattern of heat complaints can trigger closer scrutiny during other inspections, and open violations of any kind (heat, hot water, or otherwise) can affect a building's standing with HPD, including eligibility for certain city programs. If you're managing a small number of units and trying to stay ahead of seasonal requirements, licensing renewals, and inspection prep all at once, it helps to have a single organized reference rather than piecing rules together from memory each year. That's the gap our $79 City Rental License & Inspection Prep Packet is meant to fill: a structured way to track your city's specific license renewal dates, inspection checklist items, and seasonal requirements like heat season, with the actual current fees and deadlines confirmed by you against your city's rental licensing office. For broader background on tenant rights that intersect with heat, habitability, and notice requirements, see our related coverage on tenants rights and tenant rights.
Frequently asked questions
What is the coldest a NYC apartment can legally be at night?
62°F, measured indoors, from 10:00 p.m. to 6:00 a.m., every night during Heat Season (October 1 to May 31), regardless of the outdoor temperature. This nighttime minimum applies without any outdoor temperature trigger, unlike the daytime rule [1].
What temperature does it have to be outside for heat to be required in NYC during the day?
Below 55°F. If outdoor temperature drops below 55°F between 6:00 a.m. and 10:00 p.m., landlords must keep indoor temperature at or above 68°F. Above 55°F outside, there's no daytime heat trigger under this specific rule [1].
What should a tenant do if their NYC landlord won't fix a heat outage?
File a complaint with 311 (by phone or online). HPD will investigate and can issue a violation, and in serious cases HPD can perform emergency repairs itself and bill the owner. Tenants can also pursue Housing Court action for ongoing failures [3].
Are landlords required to provide air conditioning in NYC?
No. NYC's Heat Season law covers heat and hot water, not air conditioning. There's no citywide legal requirement that landlords provide or install air conditioning, though individual leases or newer local cooling-related rules for extreme heat events may add separate obligations, so check current local law if that's a concern.
Does the NYC heat law apply to single-family rentals or just apartment buildings?
It applies to residential buildings covered by the Housing Maintenance Code, which generally includes multiple dwellings. Owners of smaller residential rental properties should confirm their specific building's classification and applicable heat obligations with HPD or their city's housing office directly.
How much can a NYC landlord be fined for not providing heat?
Civil penalties for heat and hot water violations under the Housing Maintenance Code generally start in the $250 to $500 range for a first violation in a heat season and increase for repeat violations [4]. Exact amounts depend on violation class; confirm the current penalty schedule with HPD.
What is landlording?
Landlording is the practical work of owning and operating rental property: collecting rent, maintaining the unit, complying with local housing codes (including heat and safety rules), screening and communicating with tenants, and managing licensing, registration, and inspection requirements set by the city or state.
What is a landlord, legally?
A landlord is the property owner (or authorized agent) who leases residential property to a tenant for rent, taking on legal duties like maintaining habitability, providing required utilities such as heat and hot water, following notice and entry rules, and complying with local housing and licensing codes.
How do you become a landlord in a city with mandatory rental licensing?
Confirm your city's rental license or registration requirement, schedule any required initial inspection, learn local habitability minimums (heat, hot water, smoke detectors), draft a lease compliant with state law, and set up tracking for renewal dates and notice periods before advertising the unit.
Who conducts rental property walkthrough inspections in California?
It depends on the inspection type. Move-in/move-out condition inspections are the landlord's responsibility under Civil Code Section 1950.5. Proactive code-compliance inspections in cities with rental inspection programs, like Los Angeles's Systematic Code Enforcement Program, are conducted by city inspectors [5][6].
Why do landlords require renters insurance?
To shift liability and personal-property risk off the landlord's own policy. Renters insurance covers a tenant's belongings and personal liability (like guest injuries or accidental damage), which a landlord's building policy typically doesn't cover, reducing the landlord's exposure to claims and lawsuits.
How much notice does a landlord have to give before entering a unit?
It varies by state. California requires at least 24 hours' written notice for non-emergency entry under Civil Code Section 1954 [7]. Other states use similar 24 to 48 hour standards. Always check your specific state's statute and put the same notice period in the lease.
What rights do tenants have without a written lease?
Tenants without a written lease generally still get full habitability protections (heat, water, safety) under state and local housing codes, since those come from law, not the lease document. The tenancy is typically treated as month-to-month, with notice-to-end-tenancy periods set by state law, often 30 days.
What can't a landlord do in Ohio?
Under Ohio Revised Code Chapter 5321, a landlord can't perform a self-help eviction (shutting off utilities, changing locks, removing belongings without a court order), can't ignore serious habitability repairs, and generally can't retaliate against tenants for legitimate code complaints [8].
Sources
- New York City Administrative Code, Section 27-2029, Heat and hot water, maintenance requirements: Heat Season dates (Oct 1-May 31) and indoor temperature minimums of 68°F daytime and 62°F nighttime
- New York City Administrative Code, Section 27-2028, Hot water, maintenance requirements: Year-round hot water requirement of at least 120°F at the tap
- New York City Administrative Code, Housing Maintenance Code, Section 27-2115: Civil penalty ranges for heat and hot water violations under the Housing Maintenance Code
- California Civil Code Section 1950.5: Landlord obligation to conduct an initial move-out inspection if requested by the tenant, before final deposit deduction
- Los Angeles Municipal Code Section 162.00 et seq., Systematic Code Enforcement Program: City-run periodic habitability inspections for rental units in Los Angeles conducted by city inspectors
- California Civil Code Section 1954: California's 24-hour written notice requirement before landlord entry for non-emergency purposes
- Ohio Revised Code Chapter 5321, Landlord and Tenant Law: Ohio's prohibition on self-help eviction and requirement to maintain habitable premises