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Re: I'm not in a multiple dwelling: every human gets heat in NYC

Posted by terri on January 02, 2001 at 20:49:19:

In Reply to: I'm not in a multiple dwelling posted by CG on January 02, 2001 at 13:12:37:

: Thank you for answering! The fact that I am not in a multiple dwelling makes everything so much more complicated. I was told that even though it is not a MD, I am still entitled to certain essential services because of rent control. Do you know how I can find out about this?

: Thanks again!
: CG

You're still covered for heat by the NYC law, the Housing Maintenance Code, because you're a tenant and what you live in is a dwelling:

"The provisions of this title, except as otherwise provided, apply
to all dwellings."

"A dwelling is any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings."

"ARTICLE 17: Heat and Hot Water

Sec. D26-17.01 Central heat or electric or gas heating system;
when required

Except as otherwise provided in this article. every multiple
dwelling and every tenant-occupied one- or two-family dwelling
shall he provided with heat from a central heating system
constructed in accordance with the provisions of the building
code and the regulations or the department. A system of gas or
electric heating provided for each dwelling unit may, if approved
by the department, be utilized in lieu of a central heating
system if

(1) the system is lawfully in use on the effective date of this
code; or

(2) the system is approved by the appropriate city agencies
having jurisdiction and is installed in a structure or
building erected. converted. substantially rehabilitated, or
completely vacated, after the effective date of this code.

Sec. D26-17.03 Minimum temperature to be maintained

a. During the period from October 1 through May 31, centrally
supplied heat, in any dwelling in which such heat is
required to be provided, shall be furnished so as to
maintain in every portion of such dwelling used or occupied
for living purposes:

(1) between the hours of six a.m. and ten p.m. a
temperature of at least 68 degrees Fahrenheit whenever
the outside temperature falls below 55 degrees: and

(2) between the hours of ten p.m. and six a.m. a
temperature of at least 55 degrees Fahrenheit whenever
the outside temperature falls below 40 degrees.

b. During the period from October I through May 31. all central
heating systems required under this article shall be
maintained free of any device which shall cause or which is
capable of causing an otherwise operable central heating
system to become incapable of providing the minimum
requirements of heat or hot water as required by this
article for any period of time. This subdivision shall not
apply to any safety device required by law, or by a rule or
regulation of any city agency, to be used in conjunction
with a central heating system. (Subd. b added by LL. 1978,
No. 43, Sept. 22, amended by LL. 1981, No. 76, Oct. 1, 1981,
eff. Oct. 31, 1981.)"

Note: multiple dwelling is 3 or more units, this law includes one- & two-family buildings, so that's everyone except possibly motor-homes (there's a whole other law just for them).
So call in Heat complaint, after calling your landlord, of course. How to:

Of course, you can also file a 'reduction of services' complaint with DHCR, but they take longer to show up for an inspection.

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