Posted by CG on January 02, 2001 at 22:24:23:
In Reply to: 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:
My LL has been providing heat and is now making me provide my own. Any advice?
: : 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:
: http://tenant.net/Court/Howcourt/heat.html
: Of course, you can also file a 'reduction of services' complaint with DHCR, but they take longer to show up for an inspection.
: http://dhcr.state.ny.us/ora/ora.htm
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