A recent change to the NYC heating regulations will go into effect when the heating season begins on October 1. The regulations require owners of buildings with central heating to maintain minimum temperatures in residential apartments during heating season. The new rule increases the minimum nighttime temperature in apartments to 62˚ and eliminates the outdoor temperature trigger during nighttime hours, thereby requiring the indoor temperature level be maintained regardless of the outside temperature. This is a significant change from the former rule, which required nighttime heating only if the outside temperature fell below 40˚. No change was made to the requirement that inside temperatures during daytime hours be at least 68˚ when the outside temperature falls below 55˚. The following summarizes the heating rules:

NEW YORK CITY HEATING RULES OCTOBER 1 TO MAY 31 HEATING SEASON

TIME PERIOD

OUTSIDE TEMPERATURE REQUIRED

INSIDE TEMPERATURE

DAY – 6:00am and 10:00pm below 55 degrees 68 degrees Fahrenheit
NIGHT – 10:00pm and 6:00am no minimum 62 degrees Fahrenheit

The heating rules are enforced by the New York City Department of Housing Preservation and Development, which issues violation notices for non-compliance. Penalties for non-compliance can run daily from the posting date of the violation until the date it is corrected, as follows:

$250-$500 per day for each initial heat violation $500-$1,000 per day for each subsequent violation during the same and/or the next heating season

Care should be taken to assure that building service employees are informed of the new requirements and that heating equipment is set to meet them.

To view a PDF version of this memorandum, please click here.