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NO HEAT

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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NO HEAT

Postby Myteefine » Thu Oct 10, 2002 10:38 am

I have not spoken to my landlord about this but isn't it the law that the heat should be on already? I live in a 6unit 1930 building and from what I heard the thermostat is located in a 2nd floor apartment ( I live on the last floor 3). How does this work how about if they get too hot and turn it off than the rest of us have to suffer too? I don't understand how this works. I even called the gas company and they said my lanlords name but they do not have an acoount for the heat under his name....hmhmhm suspicous that sounded to me. Should I with hold rent?complain to landlord/or someone else? Some one help I have a 17 month old and his room for some reason is the coldest in the whole apartment. If I get a heater shouldn't the landlord pay my electric charges since the heat is not on? I am really :confused: about this situation PLEASE SOMEONE HELP!!!!
Myteefine
 
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Re: NO HEAT

Postby Phil Cohen » Thu Oct 10, 2002 12:15 pm

It hasn't been that cold. I can't recall offhand, but I believe that heating regulations relate to the temperature outside the building (and are not especially stringent).
You can indeed withhold rent for no heat, but you first need to prove that the heat had to be supplied. Suggest you research that issue first.
Keep in mind that I am a tenant. Not a lawyer!!!!!
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Re: NO HEAT

Postby ChrisG » Thu Oct 10, 2002 3:52 pm

At this point, heat should be ready to go, but it has to be cold enough for it to kick in. I don't think the weather has yet met the guidelines (see below).

From the Housing Maintenance Code:

a. During the period from October 1 through May 31, centrally supplied heat, in any dwelling in which such heat is required to be provided, shall be furnished so as to maintain in every portion of such dwelling used or occupied for living purposes:

(1) between the hours of six a.m. and ten p.m. a temperature of at least 68 degrees Fahrenheit whenever the outside temperature falls below 55 degrees; and

(2) between the hours of ten p.m. and six a.m. a temperature of at least 55 degrees Fahrenheit whenever the outside temperature falls below 40 degrees.

b. During the period from October first through May thirty-first, all central heating systems required under this article shall be maintained free of any device which shall cause or which is capable of causing an otherwise operable central heating system to become incapable of providing the minimum requirements of heat or hot water as required by this article for any period of time. This subdivision shall not apply to any safety device required by law, or by a rule or regulation of any city agency, to be used in conjunction with a central heating system.
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