Is It Illegal to Not Have Heat in Your Apartment in NYC?

Yes. Under NYC's Housing Maintenance Code, landlords are legally required to maintain minimum indoor temperatures from October 1 through May 31 (Heat Season). Failure to provide heat is a Class C HPD violation — the most serious category — requiring correction within 24 hours.

• Day requirement: at least 68°F between 6am and 10pm when outdoor temperatures fall below 55°F
• Night requirement: at least 62°F between 10pm and 6am regardless of outdoor temperature
• HPD can issue a Class C violation the same day a complaint is filed — your landlord then faces daily fines until the condition is corrected
• Lack of hot water is a separate Class C violation — both heat and hot water requirements apply simultaneously during Heat Season
• Check whether HPD has already issued a violation for your building at 311tracker.com — open Class C violations are searchable by address, free

If your complaint was closed quickly without resolution, read our guide to HPD's heat complaint closure practices to understand what that means for your legal record.