Heat cannot reach 68 degrees in apt!

[Rosita]

Hello. I have been noticing my apartment is cold and my thermometer never goes above 60 degrees in the day time or 55 degrees at night. Today the plumber came to my apartment and said because of the kind of boiler and radiator they have installed, I cannot get my apartment any warmer. Does that make my apartment an illegal dwelling? What are my rights in this instance?
I am going out to get a better electric heater than the one I currently have. Should the landlord reimburse me? Can I get a rent abatement? The owner of this building is a non profit and has a lot of property. Am I within my rights to ask for another apartment? If I complain officially am I in danger of getting a vacate order? I really have nowhere else to go. This is a senior building with rents based on income. I cannot afford market rent in NYC. Thanks for any info.

[TenantNet]

It doesn't make your your apartment illegal, but it might make the LL in violation.

See the NYC heating requirements here.

Has the LL recently put in a new boiler? If you've lived there a long time, this might account for any change.

Tenants should not have to buy an electric heater to supplement a weak heating system ... unless the LL is willing to pay for the extra electricity.

Getting another unit might not be a good idea. You might not be able to take your rent stab coverage with you. Do not even consider that unless you have a good lawyer. You say you're in senior housing, AKA supportive housing. Good heat is essential for seniors. But there are many shady not-for-profits. Can you tell us the location and the name of the not-for-profit landlord? Please do so by Private Mail (look for the PM icon on this page). Based on location and the LL, there might be resources for you to seek help.

[Rosita]

I talked to the managing agent and he said he was going to talk to the plumbers boss because he said it should be fixable. He said the super would bring me a heater and that I should not have to buy one. All of the apts provided by this owner are rent stabilized. I am waiting on a unit to become vacant in this building which should be in a couple of weeks and I am first on the internal waiting list, so I am trying to hold it together for now. I am just wondering if I could get a break on my rent because of this. I have been here 10 months and the heat has been inadequate the whole time, but this is the first time they have believed me. Last winter I just got a couple of phone calls in response to my complaints reciting the law which I know by heart by now.
So how can I get a rent abatement without antagonizing them? It was their negligence for not believing me last year when I made the initial complaints.

[TenantNet]

I responded via Private Mail as to the NFP that owns the property and possible legal help.

Start documenting every conversation you have, make a diary. Follow-up with letters to the LL. You want a paper trail. See if other tenants are having the same issues.

Remember an electric heater just increases your Con Ed bill (unless they pay for electricity).

In our view, you should get a rent break until they fix it. You can ask for it, sue for it, or withhold rent and be sued for it. The latter two are much more difficult. I would at first try to negotiate with them.

Be VERY careful if and when you change units. NFP landlords are often just as horrible as regular landlords.

[Rosita]

Yes thank you for the referral. I will follow thru and talk to someone there.
Another tenant let me see the unoccupied apartment and it is in much better shape than mine. I will start to keep a record of all conversations and what is being done. Thank you for your help.

[rentstubq]

I would also start making complaints to 311. if you can get an inspector to show up and record an illegal temperature reading that is at least a class 3 violation, which will generate fines for the LL and also make it harder for them to do things like get MCI's or other increases.

[TenantNet]

You mean Class C violation (not Class 3).

[rentstubq]

Typo - thank you!

[Rosita]

Well I filed for a rent reduction due to lack of heat and I am moving because I cannot continue being cold and sick all the time. I hope something comes thru for me. I had to break my lease but they did not argue. Besides filing for a rent reduction with DHCR and making numerous 311 complaints, can I also sue them for my moving expenses? If it were not for the unhealthy conditions in this apartment I would be staying here. PS I will not be paying higher rent in my new place, however moving is a burden to me at my age. Thank you.