Baby, It's Cold Outside.... What can I do if my landlord does not provide heat or hot water this winter?


#nyc #outerbridgelaw #landlordtenantattorneys #tenantsrights

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? The law requires your landlord to provide hot water all the time and heat at designated times.

o Hot water must be provided every day of the year at a constant minimum temperature of 120 degrees Fahrenheit.

o If your landlord ever has to shut off the hot water for more than two hours for necessary repairs, they need to give you notice in writing at least twenty-four hours in advance, and this shouldn’t happen often.

o If your landlord fails to give you notice for a shut-off of more than two hours and/or frequently shuts off the hot water, you should call 311 to report the incident.

o You will also want to send a letter via certified mail (delivery is tracked; you have proof of mailing) to your landlord reporting the lack of hot water and demanding no further interruptions in service.

o You may also want to take your landlord to court. You may wish to consult an experienced attorney at outerbridgelaw.com to assist you. We have helped many tenants with similar problems.

o It is “heat season” now through May 31, 2021.

o During the day, 6 AM to 10 PM, if the temperature OUTSIDE falls BELOW 55°F, it must be at least 68°F INSIDE.

o At night, 10 PM to 6 AM, it does not matter what temperature it is outside, it must be at least 62°F INSIDE.

o If your landlord fails to provide heat as required by law, you should call 311 to report the incident.

o You will also want to send a letter via certified mail (delivery is tracked; you have proof of mailing) to your landlord reporting the lack of heat and demanding no further interruptions in service.

o You have the option of taking your landlord to court. You may wish to consult an experienced attorney at Outerbridge Law (www.outerbridgelaw.com) to assist you. We have helped many tenants with similar problems. Bear in mind, complaints about failure to provide heat require a lot of specific evidence. Keeping a heat log is recommended.

? At the moment, only tenants with emergency conditions can get in front of a judge (virtually – usually by widely-available video conferencing applications), but lack of heat or hot water are generally considered emergencies.

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#photocred: Mikael Stenberg

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