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H-1Heat · heat season

What are the NYC heat season rules?

NYC heat season rules run October 1 to May 31: at least 68°F indoors from 6am to 10pm when it is below 55°F outside, and at least 62°F from 10pm to 6am in any weather.

Which building is yours?

  • Prewar walk-upCovered as a multiple dwelling. The owner must meet 68°F and 62°F; tell the super first, then call 311 if the cold continues.
  • Brownstone or row houseCovered if any unit is rented. A brownstone lived in only by its owner’s own household is outside these rules.
  • Co-op or condo high-riseCovered. The board and management company run the boiler, so report to them first, then to HPD through 311.
  • Two-family houseThe tenant’s unit is covered. The owner runs the boiler and owes that apartment 68°F by day and 62°F at night.
  • New-build condoCovered as a multiple dwelling. If your heat comes from equipment inside your unit, the condo documents decide who repairs it.
Row houses with stoops along a snowed-in Park Slope street, cars buried under drifts
Victorian houses in Park Slope, Brooklyn, after a snowfall.

The answer depends first on your building. An apartment building of three or more families is a multiple dwelling under the Housing Maintenance Code, and every unit in it is covered. A one- or two-family house is covered only for the rented apartment; a single-family brownstone with no tenant falls outside. In a walk-up or a two-family house, the person who must keep you warm is whoever owns the building and its boiler.

What temperatures does the law require?

Two numbers, set by §27-2029(a) and repeated on HPD’s heat and hot water page. By day the building must reach 68°F inside, but only when the outdoor reading is below 55°F. At night it must hold 62°F, and the outdoor temperature does not matter.

Indoor minimums in NYC heat season (Oct 1 – May 31)
Time of dayOutdoor conditionIndoor minimumRule
6am – 10pmBelow 55°F outside68°F§27-2029(a)
6am – 10pm55°F or warmer outsideNo minimum set§27-2029(a)
10pm – 6amAny temperature62°F§27-2029(a)
Year-roundAnyHot water at 120°FHPD; see hot water rules

Legend: the numbers on this plate

Why does the 55°F mark matter only in the daytime?

Because the day rule switches on with the weather and the night rule does not. HPD inspectors take the outdoor temperature at every inspection, and a daytime heat violation can only be written if that reading is under 55°F. A mild October afternoon can leave a cool apartment with no daytime violation, while the same apartment at 61°F after 10pm is below the line.

Looking down at brownstone steps striped with heaped snow
A brownstone stoop with snow piled on the steps, Brooklyn.

When does heat season start and end?

It opens on October 1 and closes on May 31, the same dates every year. Hot water is not seasonal: the 120°F minimum runs all year, as set out on hot water rules. Outside heat season the code sets no indoor heat minimum.

Who is covered, building by building?

Section 27-2028 requires central heat in every multiple dwelling and every tenant-occupied one- or two-family dwelling. That reaches rentals, co-ops and condos alike, and HPD frames the duty as owners providing heat to their tenants. In a co-op or condo high-rise, 311 points residents at the board or management company before anyone else, since the proprietary lease or bylaws can split some repairs. In a new-build condo with heat equipment inside each unit, the code allows per-unit systems approved for the building, and the condo documents settle who fixes yours.

What happens to an owner who falls short?

HPD treats a heat or hot water violation as Class C, to be corrected immediately, according to its report-an-issue page. For violations issued on or after December 8, 2023, the code penalty is $350 to $1,250 a day for an initial violation and $500 to $1,500 a day for a repeat within two seasons, as HPD’s Heat Sensors Program page lists. HPD’s own heat page still shows the older, lower figures; we used the code amounts. HPD also bills $200 for each violating heat inspection after the first two in a season.

If the owner still does nothing, HPD’s Emergency Repair Program may hire contractors and bill the owner. HPD names the trigger as an indoor temperature "below 64 degrees between 6 AM and 10 PM or below 58 degrees between 10 PM and 6 AM". Repeated interruptions of heat can also count as harassment, according to 311.

Can a building limit heat with a device?

No. Section 27-2029(b) bars any device that stops a working central heating system from meeting the heat or hot water minimums. The code penalty for such a device is $50 a day, with a $2,000 minimum, for violations issued from December 8, 2023. If a radiator stays cold while others run, the causes and who to tell are on cold radiator.

How do you make a complaint?

Start with whoever runs the boiler: the super, the owner or the management company. If the cold goes on, 311 takes the report for HPD. The full route, including anonymous reports and what the inspector does, is on filing a heat complaint with 311. Rent-stabilized tenants have a further route through DHCR, covered on rent-stabilized repairs.

Look up your own building

  • HPDONLINE · open heat violations, complaint history and any HPD heat litigation for your address
  • 311 · how HPD takes apartment and building-wide heat complaints

Questions people ask

Is 65°F at 3pm legal in my NYC apartment?

Only if it is 55°F or warmer outside at that moment. When the outdoor reading is below 55°F, the daytime minimum is 68°F, and an HPD inspector records the outdoor temperature on each visit.

Does the night rule depend on the weather?

No. From 10pm to 6am the apartment must hold at least 62°F whatever the temperature outside, every night from October 1 to May 31.

Do the heat rules cover the rented floor of my two-family house?

Yes. Section 27-2028 covers every tenant-occupied one- or two-family dwelling, so the tenant’s apartment is owed the same 68°F and 62°F as an apartment building.

Can my landlord turn the heat off on May 1 if it is warm?

Heat season lasts until May 31. During those weeks the 62°F night minimum still applies, and the 68°F day minimum applies whenever it is below 55°F outside.

What penalty does an owner face for no heat?

For violations issued on or after December 8, 2023, $350 to $1,250 a day for a first violation and $500 to $1,500 a day for a repeat, plus a $200 fee for each violating inspection after the first two in a season.

How this plate was drawn

Temperatures and coverage are taken from sections 27-2028 and 27-2029 of the city housing code (the DOB-hosted compilation) and HPD’s tenant-facing heat page; penalties from §27-2115 and the Heat Sensors Program page, in force as of 11 Nov 2026, the day every page here was checked. The 344,437 total is citywide for the season ending May 31, 2026; no borough breakdown was available to us. Summer cooling rules are left out.

Sources

  1. NYC Housing Preservation and Development — Heat and Hot Water page · 68°F/62°F rules, 55°F trigger, $200 fee, ERP trigger, complaint totals · checked 11 Nov 2026
  2. Admin Code Title 27 (Housing Maintenance Code), via NYC DOB · §27-2028 coverage, §27-2029 temperatures and devices, §27-2115 penalties · checked 11 Nov 2026
  3. HPD Heat Sensors Program page · penalty amounts for violations from Dec 8, 2023 · checked 11 Nov 2026
  4. Report a Quality or Safety Issue — HPD · Class C, correct immediately · checked 11 Nov 2026
  5. 311 article KA-01036 on heat and hot water complaints · harassment and co-op/condo first-report guidance · checked 11 Nov 2026

Plate H-1 · revised 11 Nov 2026