Last updated 2026-07-25
TL;DR
New York State's Multiple Residence Law and NYC's Housing Maintenance Code both require landlords to supply heat during the official heating season, generally October 1 through May 31, keeping units at 68°F during the day and 62°F at night when it's cold enough outside. Failing to provide heat is a code violation that can trigger fines, HP actions, or in NYC, emergency repair orders.
What are the heating requirements for landlords in New York State?
New York regulates heat two ways: through statewide statutes that apply outside New York City, and through New York City's own Housing Maintenance Code, which is stricter and more specific. Outside the five boroughs, the main hook is the Multiple Residence Law, which covers buildings with three or more units, plus local health and housing codes that many upstate cities and counties layer on top. Inside NYC, the Housing Maintenance Code (Title 27 of the NYC Administrative Code, enforced through HPD) sets the actual temperature numbers most people quote. The standard everyone cites is this: during the "Heat Season," October 1 through May 31, if the outdoor temperature falls below 55°F between 6 a.m. and 10 p.m., indoor temperature must be at least 68°F. Overnight, from 10 p.m. to 6 a.m., landlords must maintain at least 62°F indoors regardless of the outdoor reading [1]. This is NYC's rule specifically, but it's the benchmark that gets cited statewide because it's the most detailed and most litigated version of the general "provide adequate heat" obligation that exists in some form in nearly every New York rental building. Hot water is a separate, year-round requirement in NYC: landlords must supply hot water at a minimum of 120°F at all times, 365 days a year, more than during heat season [1]. That rule doesn't get the seasonal on/off switch that space heating does. If you're outside NYC, don't assume there's no rule at all. Many upstate cities (Buffalo, Rochester, Syracuse, Albany) have their own property maintenance codes, often based on the International Property Maintenance Code, which sets similar temperature floors, commonly 68°F daytime. Check with your specific city rental licensing office because the exact numbers and heat season dates vary by municipality.
When does heating season start and end in New York?
In New York City, heat season runs October 1 through May 31 every year, fixed by the Housing Maintenance Code regardless of how warm or cold a particular autumn or spring turns out to be [1]. It's a calendar rule, not a weather rule, for triggering the obligation to have the system on and capable of delivering heat; the specific temperature thresholds (68°F day, 62°F night) only kick in when it's actually cold outside during that window. Upstate municipalities that adopt property maintenance codes often use similar or identical dates. Some codes reference the same October 1 to May 31 window; others tie the requirement more loosely to "when necessary for the health of occupants." If your lease or local code specifies different dates, follow the stricter local rule; state and city codes function as a floor, not a ceiling, and cities can require more, not less. A subtlety landlords miss: the heat season dates apply to when the requirement exists at all. Outside that window, a landlord generally isn't required to run the heating system, though if a tenant has a medical need or the building has systems that also handle hot water, other obligations can still apply.
What temperature must a landlord keep an apartment at in New York?
| 6 a.m. to 10 p.m., heat season | Below 55°F | At least 68°F | |
|---|---|---|---|
| 10 p.m. to 6 a.m., heat season | Any temperature | At least 62°F | |
| Outside heat season (June 1 to Sept 30) | N/A | No temperature mandate | This isn't a suggestion tenants can waive by lease. A lease clause saying the landlord isn't required to provide heat, or that sets a lower temperature, is unenforceable in NYC because the Housing Maintenance Code establishes a floor that private agreements can't undercut [1]. For buildings outside NYC operating under upstate property maintenance codes, the numbers are frequently identical (68°F is the most common daytime figure nationally, borrowed from the base International Property Maintenance Code), but always confirm the exact figure with your city's code enforcement or rental licensing office, since some municipalities use 65°F or other variations. |
During heat season, when the outdoor temperature is below 55°F between 6 a.m. and 10 p.m., NYC code requires indoor temperatures of at least 68°F. From 10 p.m. to 6 a.m., the requirement drops to 62°F indoors no matter what it's doing outside [1]. Those two numbers, 68 and 62, are the ones inspectors and courts actually use. Here's a quick reference: | Time period | Outdoor trigger | Required indoor temp |
What happens if a landlord doesn't provide heat in New York?
In NYC, a tenant without adequate heat can call 311 to file a complaint, which triggers an HPD inspection. If HPD confirms the violation, the department can issue a Class B or Class C violation depending on severity, and heat/hot water violations are treated seriously because they're considered hazardous to health [1] [2]. Penalties escalate fast. Under NYC's Housing Maintenance Code enforcement structure, civil penalties for a heat violation can run from roughly $250 to $500 per day for a first offense in a single-family or two-family dwelling context, and higher per-unit amounts for multiple dwellings, with the exact figures depending on violation class and whether it's a repeat offense within specific look-back periods [2]. HPD's own guidance also allows the agency to perform emergency repairs itself and bill the owner if the landlord doesn't fix the problem, adding administrative fees on top of the repair cost [2]. Tenants also have a private remedy: they can bring an HP (Housing Part) proceeding in Housing Court asking a judge to order the landlord to restore heat, and in serious or repeat cases, courts can appoint an Article 7-A administrator to take over rent collection and building repairs from a landlord who won't comply [3]. Outside NYC, penalties depend entirely on the local code. Some cities issue municipal court summonses with fines in the same rough range, others use administrative hearing officers. If your building already has an open rental license or registration on file, a heat complaint can also jeopardize that registration status at renewal, so don't treat these as isolated, unrelated problems.
Are there exceptions to the heating requirement in New York?
Yes, a few narrow ones. If a building's heating system genuinely breaks down through no fault of the landlord (a boiler failure, a parts shortage) and the landlord is making documented, diligent efforts to repair it, HPD and courts generally look at whether repair efforts were reasonably prompt rather than treating every outage as an automatic violation. But "the part is on backorder" isn't a permanent shield; landlords are expected to use temporary heaters or other stopgap measures while the real fix is underway. Vacant units are a gray area. If a unit is genuinely unoccupied and unlisted for rent, the day-to-day temperature mandate matters less in practice, but many codes still require systems to be kept from freezing to avoid pipe damage, which is really a property protection issue more than a tenant-habitability one. Owner-occupied two-family homes sometimes have slightly different enforcement postures depending on the city, since the person controlling the thermostat also lives in the cold apartment. That doesn't eliminate the legal requirement in most places, but it changes who's likely to call it in. There is no lease-based exception. As noted above, a lease can't waive the statutory minimum in NYC, and this is broadly true elsewhere in New York too: habitability-related protections are generally non-waivable because they exist to protect health, more than contract expectations.
How to become a landlord in New York
Becoming a landlord in New York starts before you buy anything: know what you're taking on legally. At minimum, you need to understand your municipality's rental registration or licensing rules (many NY cities and towns, and NYC itself for certain building types, require registering rental units with the local housing department), your obligations under the Multiple Residence Law or local housing code if applicable, and basic landlord-tenant law under New York's Real Property Law and the Housing Stability and Tenant Protection Act of 2019 [4]. Practically, becoming a landlord means: buying or converting a property that's legally permitted to be rented (check zoning and certificate of occupancy status first), registering with your city's rental registry if one exists, getting a certificate of occupancy or rental inspection if required, setting up proper lease documents, securing landlord insurance (different from a homeowner's policy), and understanding your local eviction and security deposit rules before you ever hand over keys. Don't skip the registration step to save time. Many New York municipalities impose real fines for renting without a required registration or license, and unregistered landlords sometimes lose the right to collect rent or evict a nonpaying tenant until they come into compliance. If you're getting a licensing or inspection notice from your city for the first time, our $79 City Rental License & Inspection Prep Packet walks through what most cities check for during initial inspections, so you're not guessing at what the inspector wants to see.
What is landlording and what is a landlord?
A landlord is the owner of real property (or someone with legal authority to lease it, like a property manager acting for an owner) who rents that property to another person, the tenant, in exchange for regular payment, usually monthly rent. Landlording is the ongoing work of managing that relationship: collecting rent, maintaining the property, handling repairs, following notice and eviction procedures, and staying compliant with local codes. It's not a passive role legally, even if you think of it as passive income. New York law imposes affirmative duties on landlords, most importantly the implied warranty of habitability under New York Real Property Law Section 235-b, which requires that residential premises be fit for human habitation and that conditions aren't dangerous to life, health, or safety [5]. Heat is one of the clearest examples of a habitability requirement precisely because cold apartments are a documented health hazard, more than a comfort issue. Landlording well means treating the paperwork and the maintenance obligations as core to the job, not side tasks. Landlords who ignore heating complaints, registration deadlines, or inspection notices tend to get hit with compounding problems: a small heat complaint becomes an HPD violation, which becomes a court order, which can become a rent-collection freeze in the worst cases.
What rights do tenants have without a lease?
A tenant without a written lease, often called a month-to-month tenant or tenant-at-will, still has real legal protections in New York. They're generally entitled to the same habitability protections as any tenant, including the right to heat, hot water, and safe conditions under Real Property Law 235-b [5]. Lack of a written lease doesn't waive statutory tenant protections. What changes without a lease is mostly around notice and term length. Under New York's Housing Stability and Tenant Protection Act, a landlord generally must give written notice to end a month-to-month tenancy or decline to renew, and the required notice period scales with how long the tenant has lived there: 30 days if under one year, 60 days if between one and two years, and 90 days if over two years, for most residential tenancies in New York State [6]. A no-lease tenant also retains rent-related protections (like limits on rent increases in rent-stabilized units, if applicable) and the right to receive proper notice before any lease termination or non-renewal. They can't simply be locked out or have utilities shut off to force them out; that's illegal self-help eviction in New York regardless of lease status.
How much notice does a landlord have to give in New York?
For rent increases or lease non-renewal, New York's notice requirements under the Housing Stability and Tenant Protection Act of 2019 are tiered by tenancy length: 30 days' notice if the tenant has lived there less than one year, 60 days if between one and two years, and 90 days if two years or more [6]. This applies to increases of more than 5% and to non-renewals for most tenancies statewide, more than NYC. For entering a unit for inspections or repairs, New York doesn't have one single statewide statute universally mandating a specific number of hours' notice for routine entry the way some other states do, but courts and general practice treat "reasonable notice" (commonly 24 hours) as the norm, and many leases specify it directly. NYC Housing Court has generally treated 24 hours as reasonable for non-emergency access. Emergencies (a burst pipe, a gas leak) don't require advance notice at all. For eviction notices themselves, the required notice depends on the reason: nonpayment cases require a 14-day rent demand before a nonpayment proceeding can be filed under New York's Real Property Actions and Proceedings Law, while notices for lease violations or holdover proceedings vary by cause and by whether the unit is rent-stabilized [7]. We don't draft eviction notices here; if you're at that stage, talk to a New York landlord-tenant attorney or your local legal aid resource, since a technical notice defect can get an entire case dismissed.
Why do landlords require renters insurance?
Landlords require renters insurance mainly to shift liability and property risk away from themselves. A landlord's own insurance policy typically covers the building structure and the landlord's property, but it generally doesn't cover a tenant's personal belongings or the tenant's liability if, say, their negligence causes a fire or a guest gets hurt in their unit. Renters insurance (often costing somewhere in the range of $15 to $30 a month nationally, though this varies a lot by state and coverage level) usually includes liability coverage, which protects the landlord indirectly: if a tenant's cooking fire damages a neighboring unit, the tenant's policy, not the landlord's, is often the first line of financial responsibility. It also reduces the odds that a tenant sues the landlord out of financial desperation after a loss, since they have their own payout to rely on. Requiring it is legal in New York as a lease condition as long as it's disclosed and applied consistently, but landlords can't require a tenant to buy it from a specific insurer that the landlord profits from, that can raise separate legal issues around unfair lease terms.
What can a landlord look at during an inspection?
During a routine or code-required inspection, a landlord (or the inspector accompanying them) can generally check life-safety systems: smoke and carbon monoxide detectors, heating system function and temperature, electrical panel condition, means of egress (windows, doors, fire escapes where applicable), plumbing for leaks, and general structural conditions like ceiling stability or mold. In a rental licensing inspection specifically, inspectors are typically checking compliance with the local housing or property maintenance code: working locks, adequate ventilation, proper egress windows in bedrooms, functioning heat (the exact temperature and season rules covered above), hot water temperature, pest evidence, and sometimes a count of occupants versus the unit's certified occupancy limit. What an inspector generally cannot do is search personal belongings, closets, or drawers unrelated to a code issue, or use a routine inspection as a pretext to look for unrelated violations like immigration status or unauthorized pets, unless those specific things are within the stated scope of the inspection and relevant local law. If you're prepping for a first-time licensing inspection, it helps to walk the unit yourself first with the actual checklist your city uses; our packet compiles what most municipal inspection checklists look for so you can fix obvious issues (a missing smoke detector, a blocked window egress) before the inspector shows up.
What can a landlord not do in Ohio?
This is an Ohio-specific question, worth answering directly since New York landlords sometimes own property in both states. Ohio law (Ohio Revised Code Chapter 5321, the Landlords and Tenants Act) prohibits several things: a landlord cannot shut off utilities, change locks, or remove a tenant's belongings to force them out without a court order, this is illegal self-help eviction under Ohio law just as it is in New York . Ohio landlords also cannot retaliate against a tenant for reporting code violations or exercising legal rights (like joining a tenants' union or requesting repairs), cannot enter the unit without reasonable notice except in emergencies, generally 24 hours is treated as reasonable under Ohio Revised Code 5321.05, and cannot refuse to maintain the property in a fit and habitable condition, which includes keeping heating, plumbing, and electrical systems in good working order . If you're comparing landlord obligations across states because you own property in more than one, treat each state's code as a separate rulebook. Ohio's habitability and entry-notice framework looks similar to New York's in spirit, but the actual statute numbers, notice periods, and remedies differ, so don't assume a rule you learned in one state travels automatically to the other.
Frequently asked questions
What temperature does a NY landlord have to keep the apartment at in winter?
In New York City, at least 68°F during the day (6 a.m. to 10 p.m.) when it's below 55°F outside, and at least 62°F overnight (10 p.m. to 6 a.m.) regardless of outdoor temperature, under NYC's Housing Maintenance Code [1]. Upstate cities often use similar numbers under local property maintenance codes; confirm with your specific municipality.
When does the legal heating season start in New York?
NYC's heat season runs October 1 through May 31 every year, a fixed calendar window regardless of actual weather [1]. Many upstate municipalities use the same or similar dates in their property maintenance codes, though some tie the obligation more loosely to conditions that threaten occupant health rather than fixed dates.
Can a landlord in New York shut off heat to force a tenant out?
No. Deliberately withholding heat to pressure a tenant to leave is illegal self-help eviction and a serious Housing Maintenance Code violation in NYC, and a habitability violation statewide under Real Property Law 235-b [5]. Tenants can file HPD complaints, sue in Housing Court, and in NYC courts can even appoint an outside administrator to run a building whose owner won't fix serious conditions [3].
What happens if a landlord doesn't fix a heat complaint?
In NYC, HPD can issue civil penalties (roughly $250 to $500 per day in many cases, more for repeat or severe violations), perform emergency repairs itself and bill the landlord, and tenants can pursue an HP proceeding in Housing Court to force compliance [2] [3]. Ignoring the complaint doesn't make it disappear; violations stay on record and can affect future licensing or sale of the property.
How to become a landlord in New York State?
Register your rental with your city's housing or rental registry if required, confirm your certificate of occupancy allows rental use, understand the Housing Stability and Tenant Protection Act's notice and rent rules, get landlord insurance, and set up a compliant lease. Requirements vary by municipality, so confirm with your local rental licensing office before listing a unit.
What is landlording?
Landlording is the ongoing work of owning and managing rental property: collecting rent, maintaining habitability, handling repairs, following notice and eviction law, and staying compliant with local licensing and inspection rules. It's an active legal responsibility, not passive income, since state law imposes duties like the implied warranty of habitability under Real Property Law 235-b [5].
What rights do tenants have without a lease in New York?
Tenants without a written lease still have full habitability rights (heat, hot water, safe conditions) under Real Property Law 235-b, plus tiered notice protections before a landlord can end the tenancy: 30, 60, or 90 days depending on how long they've lived there, under the state's 2019 tenant protection law [5] [6].
How much notice does a landlord have to give before raising rent or ending a tenancy in New York?
Under the Housing Stability and Tenant Protection Act of 2019, notice scales with tenancy length: 30 days if under one year, 60 days for one to two years, and 90 days for two years or more, for rent increases over 5% or lease non-renewals [6]. Rent-stabilized units may have additional rules on top of this baseline.
Why do landlords require renters insurance?
Mainly to shift liability for a tenant's belongings and for damage the tenant causes (like a cooking fire) away from the landlord's own policy. A landlord's building insurance usually doesn't cover tenant possessions or tenant-caused liability, so requiring renters insurance protects the landlord's own financial exposure, more than the tenant's.
What can a landlord check during a rental inspection?
Typically smoke and CO detectors, heating and hot water function, electrical safety, window egress in bedrooms, plumbing leaks, pest evidence, and structural conditions like mold or ceiling damage, matched against the local housing or property maintenance code. Inspectors generally can't search personal belongings unrelated to a code issue.
Who is responsible for a rental property walk-through inspection?
Typically the landlord or property manager coordinates the inspection, whether it's a routine move-in/move-out walk-through or a city-mandated licensing inspection, and the local code enforcement office or housing department conducts government-required inspections. In some cities, a private licensed inspector can perform the inspection on the landlord's behalf, confirm this with your city's rental licensing office.
What can a landlord not do in Ohio?
Ohio landlords cannot shut off utilities or change locks to force a tenant out without a court order, cannot retaliate against tenants for reporting violations, cannot enter without reasonable notice (generally 24 hours) except in emergencies, and cannot fail to maintain basic habitability like working heat and plumbing, under Ohio Revised Code Chapter 5321 [8] [9].
Do lease clauses waiving heat requirements hold up in New York?
No. New York's habitability protections, including heat and hot water minimums, are generally non-waivable by private lease agreement because they exist to protect tenant health and safety, more than contract expectations. A lease saying the landlord isn't obligated to provide heat is unenforceable under NYC's Housing Maintenance Code and New York's habitability law [1] [5].
Sources
- New York City Courts, Housing Part (HP) proceedings: Tenants can bring HP actions in Housing Court to force heat and repair compliance
- New York State Senate, Housing Stability and Tenant Protection Act of 2019: Statewide tenant protection framework including notice requirements
- New York State Senate, Real Property Law Section 235-b: Implied warranty of habitability requiring premises fit for human habitation
- New York State Senate, Real Property Law Section 226-c: Tiered notice requirements (30/60/90 days) for rent increases and non-renewal based on tenancy length
- New York State Senate, Real Property Actions and Proceedings Law Section 711: 14-day rent demand requirement before nonpayment eviction proceedings
- Ohio Legislature, Ohio Revised Code Chapter 5321: Ohio landlord-tenant obligations including habitability, entry notice, and prohibition on self-help eviction
- Ohio Legislature, Ohio Revised Code Section 5321.05: Ohio's reasonable notice standard for landlord entry, generally treated as 24 hours