Tenant Claimed Too Much Heat Provided

February 1, 2006

LVT Number: 18651

Tenant said the DHCR refused to address his complaint that landlord provided too much heat during the heating season. In an opinion letter, the DHCR pointed out that it had no authority to direct landlord to reduce heat. The New York City Housing Maintenance Code states that landlords must provide heat from Oct. 1 through May 31. From 6 AM to 10 PM, the indoor temperature must be at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees. Between 10 PM and 6 AM, the indoor temperature must be at least 55 degrees if outside temperature falls below 40 degrees.

Tenant said the DHCR refused to address his complaint that landlord provided too much heat during the heating season. In an opinion letter, the DHCR pointed out that it had no authority to direct landlord to reduce heat. The New York City Housing Maintenance Code states that landlords must provide heat from Oct. 1 through May 31. From 6 AM to 10 PM, the indoor temperature must be at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees. Between 10 PM and 6 AM, the indoor temperature must be at least 55 degrees if outside temperature falls below 40 degrees. The Code says nothing about maximum temperatures. If tenant continues to have a problem, he should go to the New York City Department of Health or to a court.

DHCR Opin. Ltr. by Michael B. Rosenblatt (10/21/05) [2-pg. doc.]

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