No heat in our apartment! What can I legaly do?

[lakelight]

We are in upstate NY. Our land lord flat out told us he would not raise the thermostat in the basement above 64 degrees, which means in our non-insulated, drafty apartment it is about 54 degrees. We have no access to the basement to turn the heat up and are freezing!

What laws apply? Is it multiple dwelling that says it has to be at 68 degrees, or is that only for NYC?

Or is there an NYCRR law in property maintaince that says it has to be at 65?

Can I deduct rent for each day the temperature in the apartment is below 65? (so far about 16 days this months since I bought my thermometers)

[Aubergine]

The Multiple Dwelling Law only applies in New York City unless adopted by local law.

The Multiple Residence Law applies everywhere else in New York State.

Section 173 of the Multiple Residence Law establishes minimum standards for heat in many, but not all, dwellings housing three or more families:

"§ 173. Heating. Every new dwelling shall be provided with heat in all living rooms sufficient to maintain the minimum temperatures required by local law, ordinances, rules or regulation, or by the local public health officer, provided, however, that such minimum temperature shall, notwithstanding the provisions of subdivision one of section three hundred twenty-nine of this chapter, be sixty-eight degrees Fahrenheit during the hours between six o`clock in the morning and ten o`clock in the evening during the months between October first and May thirty-first, whenever the outdoor temperature falls below fifty-five degrees Fahrenheit."

http://caselaw.lp.findlaw.com/nycodes/c65/a13.html

This provision applies to (1) all multiple dwellings built or rebuilt after July 1, 1952, (2) non-dwelling buildings converted to multiple dwelling use after July 1, 1952, and (3) a multiple dwelling three or more stories in height altered after July 1, 1953 to increase living space or rooms by more than 20%.

Your county, town, or village may have a local law that imposes higher standards or a nighttime minimum temperature.

City courts are empowered to order landlords to comply with the Multiple Residence Law. Town and village courts do not have this power, but can award rent abatements or damages if a landlord violates the warranty of habitability (Real Property Law § 235-b).

[Downtown]

Would suggest that you contact local govt (clerk's office) who should be able to provide you with heat standards...get a copy and give to LL.
If you pay for your own electric, let LL know that if he/she still chooses not to raise temp. then you want to be able to deduct the additional electrical cost for space heaters from rent.

[lakelight]

Thank you both very much! You answered what no tenant's group, the DCHR and the AG's office were unable to answer!