Legal Question in Landlord & Tenant Law in New York
I have not paid my rent in a couple of months and i am currently in the process of moving out of my apartment. Do my landlord have the right to turn the heat off?
1 Answer from Attorneys
The landlord may not turn off the heat while you are still inhabiting the apartment. The landlord's requirement to provide heat is independent from the tenant's requirement to pay rent. The landlord's remedy for your failure to pay rent is with the Court system.
The landlord's heating requirements as per the NYC Dept. of Housing Preservation and Development are as follows:
"By law, residential owners must provide adequate heat between October 1 and May 31. During this period, between 6:00 a.m. and 10:00 p.m., if the outside temperature is below 55 degrees Fahrenheit, owners must heat apartments to at least 68 degrees Fahrenheit. Between 10:00 p.m. and 6:00 a.m., if the outside temperature is below 40 degrees Fahrenheit, owners must heat apartments to at least 55 degrees Fahrenheit."
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