Legal Question in Landlord & Tenant Law in New York

heat included

Recently my landlord left a message on my answering machine stating as of April 1st he will be turning off the heat, I recide in Albany, NY and the temperature is still below freezing in my area, is this legal?


Asked on 3/30/08, 9:34 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: heat included

Pursuant to section 79 of the multiple dwelling law,

"...On and after November first, nineteen hundred fifty-nine, every multiple dwelling shall be provided with heat or the equipment or facilities therefor. During the months between October first and May thirty-first, such heat and the equipment or facilities shall be sufficient to maintain the minimum temperatures required by local law, ordinance, rule or regulation, in all portions of the dwelling used or occupied for living purposes provided, however, that such minimum temperatures shall be as follows: (a) sixty-eight degrees Fahrenheit during the hours between six o'clock in the morning and ten o'clock in the evening, whenever the outdoor temperature falls below fifty-five degrees Fahrenheit, notwithstanding the provisions of paragraph a of subdivision four of section three of this chapter, and (b) at least fifty-five degrees Fahrenheit during the hours between ten o'clock in the evening and six o'clock in the morning, whenever the outdoor temperature falls below forty degrees Fahrenheit. ..."

So, based on your question it seems that what the landlord is going to do is illegal.

Mike

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Answered on 3/30/08, 11:59 am


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