No heat or hot water? NYC's heat law and what to do

Cold apartment and a landlord who won't pick up the phone? Take a breath — the law is on your side, and you have real leverage. In New York City, heat and hot water are not favors your landlord does for you. They are legal requirements, and the city will inspect your building and fine your landlord if they fail to provide them. The bottom line: you do not have to freeze, you do not have to move, and you do not have to pay for the privilege of complaining. This guide walks you through exactly what the temperature rules are, what to do tonight, and how to get free help — step by step, in plain English.

The most important thing to know is that the process is designed to protect tenants who speak up. Reporting a heat problem to the city is free, you can do it anonymously, and it is illegal for your landlord to retaliate against you for it. The renters who get results are simply the ones who write things down and make the call. Let's make you one of them.

What the law says

New York City's heat rules come from the Housing Maintenance Code and the state Multiple Dwelling Law, and they are enforced by the Department of Housing Preservation and Development (HPD). There are two separate requirements: heat during the cold months, and hot water all year long.

Heat season runs October 1 through May 31. During heat season, your landlord must keep your apartment warm on a schedule tied to the outdoor temperature:

• Daytime (6 a.m. to 10 p.m.): when it is below 55°F outside, the apartment must be at least 68°F inside.
• Nighttime (10 p.m. to 6 a.m.): the apartment must be at least 62°F inside, regardless of the outdoor temperature.

Hot water is a year-round, 24-hour requirement. Your landlord must provide hot water at a constant minimum of 120°F at the tap, every day of the year — not just during heat season. There is no "off season" for hot water.

These are minimums, not targets. A landlord who lets your apartment drop below these temperatures is in violation the moment it happens, and each cold day can count as a separate violation. Failure to provide heat or hot water is classified as a serious ("Class C") hazardous condition, which carries the stiffest penalties and the fastest required repair timeline. Landlords can face civil penalties that run into the hundreds of dollars per day, per apartment, for uncorrected heat and hot water violations.

What to do — step by step

1. Measure and log it. Use a simple indoor thermometer (a $10 one is fine) and write down the date, the time, the indoor temperature, and the outdoor temperature. For hot water, note the date and time and how long you ran the tap. Take photos of the thermometer with a timestamp if you can. This log is the single most useful thing you can build — it turns "it feels cold" into evidence the city can act on.
2. Tell your landlord in writing. Send a short, dated text or email: "There has been no heat in apartment [number] at [address] since [date]. The indoor temperature is [X]°F. Please restore heat as required by the NYC Housing Maintenance Code." Keep a copy. A written notice does two things — it often fixes the problem fast, and it creates a paper trail showing you gave notice.
3. Call 311 or file online with HPD. This is the key step. Call 311 (or use the NYC 311 website or app) and report "no heat" or "no hot water." Your complaint goes to HPD. You do not have to give your name to the landlord, and filing is free. Write down the complaint/service-request number 311 gives you.
4. Let HPD inspect. After you file, HPD may call you to schedule an inspection or send an inspector. Be reachable — an inspector who can't get in can't confirm the violation. If they measure a temperature below the legal minimum, HPD issues a violation against the landlord and orders the repair.
5. Keep reporting each day it's cold. Every cold day is a fresh violation. If the heat is still off the next day, call 311 again. Repeated complaints build the record and increase the pressure and potential penalties on the landlord.
6. Escalate to Housing Court with an HP action. If the landlord still won't fix it, you can file a case called an HP action in Housing Court asking a judge to order repairs. It is designed for tenants to use without a lawyer, and the filing fee is low (often waivable if you can't afford it). A judge can order the landlord to restore heat and can impose penalties for ignoring violations.
7. Ask about a rent abatement. When a landlord fails to provide essential services like heat and hot water, you may be entitled to a reduction of the rent you owe for that period, called a rent abatement. This is decided in Housing Court or, for rent-regulated tenants, through the state agency (HCR). Do not simply stop paying rent on your own (see the FAQ below) — pursue an abatement the proper way so it protects you instead of exposing you to eviction.

If the heat is just one of several problems — peeling paint, a broken lock, leaks, pests — handle them together. Our guide on what to do when your landlord won't make repairs in NYC walks through the full repair-complaint process and the HP action in more detail.

Where to get free help

• NYC 311 — call 311, or use portal.311.nyc.gov. The fastest way to report no heat or no hot water. Free and available in many languages.
• NYC Housing Preservation & Development (HPD) — inspects buildings and issues violations. File and track complaints at nyc.gov/site/hpd.
• Housing Court Answers — a nonprofit hotline that helps tenants understand HP actions, rent issues, and court forms. Reach them at housingcourtanswers.org.
• NYC Tenant Helpline / HRA legal help — New York City funds free legal help for tenants facing housing problems and eviction. Start at nyc.gov/site/hra.
• NYS Homes & Community Renewal (HCR) — for rent-stabilized and rent-controlled tenants, HCR handles service-reduction complaints and rent reductions at hcr.ny.gov.
• Legal aid groups — Legal Aid Society, Legal Services NYC, and neighborhood tenant organizations give free advice and representation to income-eligible renters.

Frequently asked questions

What temperature is my landlord required to keep my apartment in NYC?

During heat season (October 1 to May 31), your landlord must keep the apartment at least 68°F between 6 a.m. and 10 p.m. whenever it is below 55°F outside, and at least 62°F between 10 p.m. and 6 a.m. Hot water must be at least 120°F at the tap all year, 24 hours a day. If your apartment is colder than these minimums, your landlord is breaking the law.

Who do I call if I have no heat or hot water?

Call 311, or file online through the NYC 311 website or app. Your complaint is routed to HPD, the city agency that inspects apartments and issues heat and hot water violations. Filing is free, and you can do it without giving your name to your landlord. Save the complaint number they give you.

Can I withhold rent if my landlord won't give me heat?

Be careful here. New York law does give tenants some rights to a rent reduction (abatement) when essential services like heat are cut off, but simply stopping your rent on your own is risky — it can lead to a nonpayment eviction case. The safer path is to keep paying (or set the rent aside), document everything, and pursue an abatement through Housing Court or, for rent-regulated tenants, through HCR. Talk to a free legal-aid group before you withhold anything.

Are space heaters allowed while I wait for the landlord to fix the heat?

A space heater can be a short-term stopgap, but it does not replace the landlord's legal duty to provide heat, and it does not reduce their violation. Use only a UL-listed heater, never leave it running unattended or while you sleep, keep it clear of curtains and bedding, and plug it straight into the wall — not a power strip. Your landlord is still required to restore real heat, so keep reporting the problem.

Can my landlord retaliate against me for calling 311 about the heat?

No. New York law prohibits landlords from retaliating against tenants for reporting code violations or asserting their rights — including refusing to renew your lease, raising your rent, or trying to evict you because you complained. If a landlord takes action against you shortly after you report a heat problem, the law may presume it was retaliation. Keep records of your complaints and any landlord response.

How cold does it have to be outside before the heat rule kicks in?

During the day, the 68°F indoor minimum applies whenever the outdoor temperature drops below 55°F. At night, the 62°F indoor minimum applies no matter what the outdoor temperature is. That's why logging both the indoor and outdoor temperature matters — it shows the inspector exactly which rule was broken and when.

Official sources

• NYC Department of Housing Preservation and Development (HPD) — heat and hot water complaints, inspections, and violations.
• NYC 311 — the fastest way to report no heat or no hot water.
• NYS Homes and Community Renewal (HCR) — service-reduction and rent-reduction complaints for rent-regulated tenants.
• NYC HRA — Free Legal Services for Tenants — city-funded free legal help.
• New York State Attorney General — tenant rights resources and complaint intake.
• NYC Housing Court — how to file an HP action to force repairs.

Not sure who your landlord actually is, or where to send that written notice? Our who owns my building tool helps you find the registered owner and managing agent so your complaint reaches the right person.

This guide is educational information, not legal advice. Facts current as of July 2026; laws change — verify with the official sources above, and for your specific situation talk to a tenant attorney or legal-aid group (many are free).