My Apartment Is Way Too Cold! How Do I Make the Landlord Fix It?
Q: We live in one of many Manhattan market-rate prewar rental buildings owned by a real estate family. We always had enough heat. Then the family hired a third-party management company. Now, a new heating system provides the legal minimum of 68.2 degrees of heat. At times, the heat rises, but not for very long. We are miserably cold. Many tenants here and elsewhere have complained. What can we do without provoking management retaliation? We fear our lease won’t be renewed if we speak up.
A: Your landlord does indeed need to provide heat during the colder months, and if your apartment is not properly heated, you should gather your neighbors and complain together.
New York City requires building owners to provide heat to their tenants between Oct. 1 and May 31. If the outdoor temperature falls below 55 degrees between 6 a.m. and 10 p.m., the heat must reach 68 degrees inside. At night, between 10 p.m. and 6 a.m., the temperature inside must be 62 degrees, regardless of the outdoor temperature.
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Get a thermometer with a digital display that will measure the indoor temperature, and photograph the readings over time to establish evidence for your complaint. Make a note of the time of day and the outdoor temperature at that time. If you find that the temperature is below the legal threshold, ask your neighbors to do the same thing.
“I recommend that they organize a group,” said Adam Leitman Bailey, a real estate lawyer.
You could also share the cost with your neighbors of hiring an engineer to check your apartment for any problems with the new heating system. If you wind up in a legal battle with the landlord, you’ll need this expert testimony.
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