We’re not lawyers. We track data. This post is not legal advice — links to free legal help are at the bottom.
Since January 2024, NYC tenants have filed 746,223 heat complaints with HPD. HPD issued violations in just 22% of those buildings. The other 78% — 45,247 out of 58,031 — never had a landlord cited despite tenant complaints on record.
That’s the system you’re navigating when your landlord won’t fix the heat.
Here’s what the law requires, what the data shows about enforcement, and what steps actually move things forward.
What NYC Law Requires: The Exact Temperature Rules
New York City’s heat law is among the most specific in the country. Under the NYC Housing Maintenance Code, landlords are required to provide:
- 68°F minimum between 6am and 10pm, whenever the outdoor temperature drops below 55°F
- 62°F minimum overnight (10pm to 6am), regardless of outdoor temperature
- 120°F hot water year-round, 24 hours a day
Heat season runs October 1 through May 31. Outside those dates, the temperature requirements don’t apply — but hot water requirements do, year-round.
Violations of heat requirements are classified as Class C — immediately hazardous, the most serious category in HPD’s violation system. A Class C violation requires the landlord to correct the condition within 24 hours. Fines can reach $250 per day per violation.
As the data below shows, the fines are rarely collected at that level. But the classification matters for housing court.
For the official city temperature requirements, see NYC.gov’s heat and hot water page.
What 746,223 Heat Complaints Tell Us About Whether the System Works
The official 311 data tells a story that looks better than it is.
Heat complaint outcomes since January 2024:
| Metric | Number |
|---|---|
| Total heat complaints | 746,223 |
| Marked “Closed” | 729,613 (97.8%) |
| Batch-closed without resolution | ~28.4% |
| HPD violations issued | 40,803 |
| Buildings cited at least once | 12,784 (22.0%) |
| Buildings never cited despite complaints | 45,247 (78.0%) |
The 97.8% closure rate sounds like the system is working, but a “Closed” status does not mean the heat was restored. A June 2026 analysis found that 28.4% of heat complaints are batch-closed — grouped and closed together administratively, without an individual inspection. See our guide to what happens after a 311 heat complaint.
At the complaint level, HPD issued violations for roughly 5.5% of all heat complaints filed. At the building level, 22% of buildings with any heat complaint received at least one citation. That means 78% — 45,247 buildings — had tenants file complaints and never saw a landlord cited.
Heat complaints by borough:
| Borough | Complaints | Avg Hours to Close |
|---|---|---|
| Bronx | 264,570 (35%) | 37.0 |
| Brooklyn | 196,564 (26%) | 49.4 |
| Manhattan | 177,550 (24%) | 48.5 |
| Queens | 99,625 (13%) | 47.6 |
| Staten Island | 7,914 (1%) | 42.8 |
The Bronx’s faster average closure time (37 hours vs. ~49 for Brooklyn and Manhattan) is largely explained by its higher batch-closure rate — batch closures log near-instant resolution times and pull the average down, not up.
Seasonality: Heat complaints peak in January (187,403 in our dataset). October marks the return of heat season and a jump from summer lows (5,880–8,765/month) to 50,875. October through May accounts for 97% of all heat complaints.
Repeat offenders: Of the 58,031 buildings with any heat complaint since 2024, 13,338 (23%) have filed 10 or more complaints. Nearly half — 28,910 buildings — have three or more. These aren’t isolated incidents. They’re buildings with chronic heating failures across multiple winters.
Landlord Not Fixing Heat: Step-by-Step What Actually Works
Step 1 — Document before you do anything else
Before filing any complaint, create a timestamped record:
- Photo your thermostat with the temperature visible. Your phone timestamp is evidence.
- Text or email your landlord in writing: “The heat in my apartment is not working. The temperature is X°F. This is a violation of NYC Housing Maintenance Code. Please restore heat immediately.” A text message with a read receipt is sufficient.
- Note the outdoor temperature. HPD’s requirements are tied to outdoor temp. Outdoor temp below 55°F during the day means 68°F is required. Check weather.gov for a verifiable reading.
This documentation matters if you end up in housing court. The landlord’s knowledge of the problem — and failure to act — is part of what courts consider.
Step 2 — File a 311 complaint online
File at 311online.nyc.gov, not by phone. Online complaints generate an immediate complaint ID and are trackable. Phone complaints can disappear into the queue.
Save your complaint ID. Every complaint you file creates a timestamped public record tied to your building — and that history is cumulative evidence.
If heat remains off after 24 hours, refile. Each new complaint adds another timestamp to your building’s record. Judges in housing court can see this history.
For a detailed breakdown of what HPD actually does after you file — including why “Closed” doesn’t mean what you think — see our analysis: What Actually Happens When You File a 311 Heat Complaint.
Step 3 — Request an emergency inspection, not just a complaint
When you call 311, the phrasing matters. Say: “I need an emergency HPD inspection for no heat” — not just “I want to file a heat complaint.”
These route differently. An emergency inspection request is more likely to trigger an in-person response from HPD. Complaint filings can be resolved administratively. The distinction is small but worth making explicitly when you call.
Step 4 — Check your building’s complaint history
Search your address at 311tracker.com. Your building’s full complaint history — including every prior heat complaint, HPD violation, and closure status — is public and searchable.
If your building shows a pattern of winter heat complaints spanning multiple years, that history is your leverage. Print it before any housing court hearing. It establishes that the landlord has been on notice about a persistent problem.
Step 5 — Escalate if heat is still off after 24 hours
Emergency HP Proceeding (Housing Court) Tenants can file an HP action in housing court without a lawyer. You’re asking a judge to order the landlord to make emergency repairs. Your 311 complaint history is evidence. The court can compel repairs on an emergency basis — typically within days, not weeks.
The NYC Housing Court Help Center provides free in-person assistance with HP filings. No appointment needed.
Rent withholding New York law allows tenants to withhold rent when a landlord fails to maintain habitable conditions — but the procedure matters. Rent withholding done wrong can result in eviction proceedings. This is an area where legal advice is essential before acting. See the resources at the bottom of this post.
Repair and deduct Also available under New York law under specific conditions. Same caveat: contact a tenant attorney before proceeding.
Check Before You Sign: How to Identify Buildings With Chronic Heat Problems
If you’re apartment hunting, heat complaint history is publicly available — and it’s one of the most predictive signals of what winter in a building will actually look like.
Five NYC buildings with the highest heat-specific complaint counts since 2024:
| Rank | Building | Borough | Heat Complaints |
|---|---|---|---|
| 1 | 1040B East 217 Street | Bronx | 6,365 |
| 2 | 31-35 Crescent Street | Queens | 3,481 |
| 3 | 225 Central Park North | Manhattan | 2,860 |
| 4 | 707 East 242 Street | Bronx | 2,860 |
| 5 | 2176 Tiebout Avenue | Bronx | 2,848 |
1040B East 217 Street in the Bronx is an extreme case: 99.8% of its complaints are for heat. The building had 6,365 heat complaints in roughly 30 months — that’s roughly 17 complaints per day during heat season.
What to look for when searching any address:
- Total heat complaints — absolute volume over the last two years
- Class C violations — immediately hazardous; required correction within 24 hours
- Complaint pattern — are complaints concentrated in winter months, or year-round?
- Gap between complaints and violations — high complaint count, low violation count = complaints filed but landlord not being cited
Search any NYC address free at 311tracker.com.
Free Legal Help If Your Landlord Won’t Fix Heat
These organizations provide legal advice. We provide data.
- Legal Aid Society — legalaidnyc.org
- Legal Services NYC — legalservicesnyc.org
- LawHelpNY — lawhelpny.org
- NYC Housing Court Help Center — in-person, free, no appointment needed
- Right to Counsel NYC (if facing eviction) — righttocounselnyc.org
Data Methodology
Source: NYC 311 Service Requests (NYC Open Data, dataset erm2-nwe9), filtered to complaint_type = 'HEAT/HOT WATER'. Date range: January 1, 2024 to June 2026. Total: 746,223 complaints across 58,031 buildings.
HPD violations from dataset wvxf-dwi5. Heat violations identified by keyword match on description field (HEAT, HOT WATER).
Enforcement rate (5.5%) calculated at complaint level — violations issued divided by complaints filed. Building-level enforcement rate (22%) calculated as buildings receiving any heat violation divided by buildings with any heat complaint. One violation at a building with 100 complaints counts as one cited building.
Batch-closure rate (28.4%) from a June 2026 batch analysis of HPD heat-complaint closures; the batch-closure figure is shown on our data dashboard.
Building-specific heat complaint counts are exact figures from our database, queried directly as complaint_type = 'HEAT/HOT WATER' per building. These differ from the overall most-complained rankings, which count all complaint types.
This is not legal advice. Contact the organizations listed above for legal guidance. Data updated daily at 311tracker.com/data.