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Heat Problem

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Heat Problem

Postby earplug » Fri Oct 06, 2017 1:45 pm

Hello all,

I moved in my current apartment, which is located in Astoria and has 6 floors (40+ unites), on April and have not lived in the apartment during winter time. My roommate said that we have to pay for heat during 10/1 to 3/31, because the apartment does not provide heat.
We have the baseboard heaters in our unit, but we have to turn on/off by ourselves and they cost more than $300/month. I am not sure if those heaters are linked to the central heating system of the apartment.

Is it legal?

Or does landlord can do that with lease agreement?
I would be appreciated if you help!

Thank you in advance.
earplug
 
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Re: Heat Problem

Postby TenantNet » Fri Oct 06, 2017 3:04 pm

First, are you rent stab, or is there a chance that your unit might be RS. Have you looked in the apartment's history?

Are any other tenants covered by rent stab?

How old is the building? Is it covered by 421-a or J-51 or any tax abatement program (have you heard anything about 80/20 or "affordable apartments" in the building?)

Forget the roommate - they are not the most reliable source of information. What does your lease say about this? Word for word, what does it say? Is this a conventional situation where you have one unit and a lease? Did you and your roommate take occupancy at the same time?

You reference central heating. Is there central heating in the building?

NYC generally requires a central heating system, not baseboards, but they can ask the city for a waiver. So there must be a waiver or the system could be illegal.
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Re: Heat Problem

Postby earplug » Fri Oct 06, 2017 3:54 pm

Thank you for the quick response.
I am living in an sublet room and do not know what the lease says.
The building was build in 1971 and we are all asked to pay heat and water. The heater looks like the below.
https://dy4j078ec5vka.cloudfront.net/174029846/1280x960
I don't think it is a central heating system.
earplug
 
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Joined: Fri Oct 06, 2017 1:34 pm

Re: Heat Problem

Postby TenantNet » Fri Oct 06, 2017 4:32 pm

When you say "sublet room," what exactly do you mean? Did you arrange for the room from the roommate or from the landlord? This is important.

Any apartment in a building built prior to 1974 should be rent stabilized, unless deregulated (that's another story in itself). But it appears you are not the tenant of record. Either the Tenant of Record, or the LL might be pulling a fast one with you.

Do you know if there is a boiler/burner in the building basement? The photo appears to be baseboard, but is it electric or hot water? If the latter, where is the water heated?
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Re: Heat Problem

Postby earplug » Fri Oct 06, 2017 5:50 pm

I borrow my room from the roommate, who is the tenant, not from the landlord.
I think I need to consult with the roommate first.

The baseboard is electric. That's why the cost for heat is too expensive. I don't think the building has a boiler or burner. Water is also electric.
earplug
 
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Re: Heat Problem

Postby TenantNet » Fri Oct 06, 2017 6:05 pm

I suspected this might be the case.

You don't "borrow" anything from anyone. I assume you pay rent, that means the tenant of record is acting as your primary landlord. In truth he/she might have been lied to from the real LL, but your obligation is to the TOR.

Even so, the real LL must provide central heating. Section 27-2028 states:

§ 27-2028 Central heat or electric or gas heating system; when
required. Except as otherwise provided in this article, every multiple
dwelling and every tenant-occupied one or two-family dwelling shall be
provided with heat from a central heating system constructed in
accordance with the provisions of the building code and the regulations
of the department. A system of gas or electric heating provided for each
dwelling unit may, if approved by the department, be utilized in lieu of
a central heating system if:
(1) the system is lawfully in use on July fourteenth, nineteen hundred
sixty-seven; or
(2) the system is approved by the appropriate city agencies having
jurisdiction and is installed in a structure or building erected,
converted, substantially rehabilitated, or completely vacated, after
July fourteenth, nineteen hundred sixty-seven.


As I had said, there is a provision for a waiver, but those are not easy to get. Chances are this is an illegal setup to avoid providing heat/ hot water to you at the LL's cost.

See this:
http://www.nydailynews.com/news/politic ... -1.2473499

and

https://www.dnainfo.com/new-york/201512 ... heat-cuomo
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