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Broken Heating Question

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Broken Heating Question

Postby foreseeablycold » Thu Nov 12, 2015 10:24 am

I've just moved apartments and am already having some trouble with my new landlord.

Some background: It's the parlor floor of a brownstone in Brooklyn. The landlord lives on the ground floor. All utilities are included in the rent, per the lease. There are wood burning fireplaces in the kitchen and bedroom, which we were told by the broker were functional.

He is telling us that he can't use the forced air heating system because the neighbors did some construction and have tapped into his vents(???). He is telling us that we should use the fireplaces for heat during the winter. Is this a legal auxiliary heater? Besides my obvious concerns about safety, wouldn't it be impossible to maintain heat overnight? If it is legal does the landlord need to provide the fuel i.e. wood?

Thank you.
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Re: Broken Heating Question

Postby TenantNet » Thu Nov 12, 2015 12:01 pm

We're not convinced that using a fire place is legal in NYC apartments - even though they exist. If they are, then there are restrictions as to usage.

Even so, a fireplace does not take the place of a heating system that the LL is obligated to provide. The LL must do what it takes to correct or repair anything that is preventing the heating system from working. I would call 311 to get a heat complaint started.
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Re: Broken Heating Question

Postby BubbaJoe123 » Thu Nov 12, 2015 4:37 pm

TenantNet wrote:We're not convinced that using a fire place is legal in NYC apartments - even though they exist. If they are, then there are restrictions as to usage.


If they weren't legal, why would De Blasio be proposing regulations to ban new ones?

http://www.nytimes.com/2014/05/20/nyreg ... .html?_r=0
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Re: Broken Heating Question

Postby TenantNet » Thu Nov 12, 2015 5:13 pm

Yes, I saw that. But legality may hinge on a number of factors including when it was constructed, of what materials, if the chimney combines with fireplaces in other apartment or adjoining buildings and so on.
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Re: Broken Heating Question

Postby BubbaJoe123 » Thu Nov 12, 2015 6:55 pm

TenantNet wrote:Yes, I saw that. But legality may hinge on a number of factors including when it was constructed, of what materials, if the chimney combines with fireplaces in other apartment or adjoining buildings and so on.


Ah, got it. Certainly, a given fireplace might not be legal, but fireplaces in general are.

Relevant code section is here: http://codes.lp.findlaw.com/nycode/ADC/27/1/14/19
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