Good Old Lower East Side

HOUSING INFORMATION

HEAT AND HOT WATER

Hot Water and Heat Report: Any building without heat constitutes a life threatening, emergency situation for tenants, especially senior citizens, invalids and infant or children. The reasons as to why heating complaints are so common can be many. For most landlords, heat and hot water service in a multiple dwelling is generally the single most expense incurred. In New York City, about 40% of all existing buildings are pre-1929 "old law" or "new law" walk-up tenements. These buildings are old and are generally a nuisance for landlords to keep in repairs, especially with regards to plumbing, boiler works and electrical schemes. Very often attempts to replace or repair boilers becomes an expense that many landlords are reluctant to approach. In addition, most of these pre-war tenements are in low-income neighborhoods. Acquiring loans from banks and other lending institutions is difficult, due to the fact that these resources see low-income neighborhoods as being at "high risk" and, frankly, poor investments not being worth it. Many property owners simply opt to attempt to cut building maintenance cost by regulating control of building boiler operations.This very often leads to a pre-determined schedule based according to fuel delivery schedules, monthly building maintenance costs or simply frugal practices of available cash flow resources. What must always be kept in mind is that operating a building is still a business enterprise. There will always be variations in how an individual will assume business responsibilities. However, there have been set firm legal guidelines to insure that the safety and welfare of tenants are assured.
Because heat-related problems can be immediately hazardous to anyone's health and safety, tenants who suffer from lack of this vital service from landlords should at once form an organization of tenancy. If affected buildings are poor to organize alone, then support organizations, such as G.O.L.E.S. are immediately ready to lend support and advice. These tenant groups should begin first by attempting to contact the landlord or management agency directly. Letters sent by certified mail, frequent telephone calls or even posted notices by the mailboxes are good ways to start. Should these attempts to remedy the situation prove empty within just 48 hours to get a response, then the tenant organization should prepare to seek legal actions. Because these actions may become complex and/or involve extended legal negotiations with the landlord, city agencies or courts, it can not be overemphasized that a strong union of tenancy would be most effective.
Very often, tenants are forced to be uncomfortable in buildings where there is issued only a very minimal supply of heat and/or hot water. These situations do not present themselves as obvious cases for complaints of decreased services. In such cases, tenants should begin to keep daily records of the periods that heat and hot water seem inadequate. These charts should clearly indicate the outside temperature, the inside apartment temperature and any other information that seems important to make a note of. For accurate accounting of these facts, tenants should use weather thermometers and record their results in a notebook. After a "test" period has been conducted (about 10 to 15 days) tenants should then send their results together with a letter stating their complaints to the landlord or management agency. The letter should also suggest that whatever administrative or legal action necessary to initiate will be considered. By this time, tenants should be in some type of communication with a tenant advocacy organization.
Hot water at 120 degrees from the tap is required by law 24 hours a day, 365 days a year!!!

HPD, division of code enforcement has a 24 hour hotline for heat complaints during the months of October through May. The telephone number is (212) 824-HEAT. During "off-season" months, this service operates only Mondays through Friday, 7am to 7pm.
When calling, tenants should provide as much contact information about the landlord as possible. Repeated calls will probably need to be made in order to prompt HPD agents to react more quickly. Agents assess the nature of these problems and prioritize them according to both actual facts of service failure and pressures from complaining tenants. Inspectors general respond to complaint intakes within 24 to 72 hours. However, it is advisable to "keep the pressure on" until your building has been visited by an inspector.
Should the landlord fail to respond at all, HPD may utilize their own in-house maintenance staff to make repairs as necessary. If after two unsuccessful attempts are made to gain entry into the building basement, then HPD may request assistance from their Housing Litigation Bureau. This bureau will pressure the landlord for compliance. If after that action is implemented and the landlord is still in violation, then a court order will be sought by the bureau, and, pending approval, a legal forced entry will at last give way for a chance at making repairs. With regard to such a possible scenario, it should be clear as to why it could take weeks before any corrections are complete.

Tenants may withhold rent for not receiving heat and hot water service. However, they should expect to be sued by the landlord for rent arrears. The tenants are then entitled to answer a counter-claim for Warranty of Habitability., and cite for denial of services as a defense. Tenants should, at the same time, file a complaint with the Department of Housing and Community Renewal (DHCR) for an abatement in rent for decreased services. The better the documented records showing dates, times and conditions, etc., the more powerful the arguments in court will be.
Perhaps the fastest and most effective claim a tenant can make against a negligent landlord is to file a Housing Part (HP) Action. These claims may result in court ordered rent abatements, building repairs, and should the landlord still not comply, fines and occasionally, jail sentences. This is the single most effective action to get fast results. This action is highly recommended.
For rent stabilized or rent controlled tenants, in addition to the actions suggested to be taken above, filing a HHW-1(Individual) form and a RA-84 (Building-wide) form with the DHCR will tighten the argument for most any case.