[NYtenants-online] Hey Tenants ... it's Heat Season!

[Tenant]

NYtenants Online/TenantNet                               10/14/04
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The official NYC Heat Season started October 1 and temperatures have been 
inching lower and lower. So here's our yearly reminder of the heat 
requirements for ALL apartments, not just rent regulated units.

IN THIS ISSUE ...

1. HEAT SEASON STARTS October 1 (CTRC)
2. Some Practical Tips
3. Don't Freeze, Organize! (Met Council)
4. Don't Freeze, Organize! (Met Council, Spanish)
5. If you have problems with heat in your building (Heat Sheet)


ALSO SEE:

HEAT NUMBER
HPD, Division of Code Enforcement, has a twenty four hour heat complaint 
telephone number -- the number is either 311 or 212-New-York (212-639-9675) 
for those with cell phones or otherwise unable to access 311. For the 
hearing impaired, the TTY number is (212) 504-4115.

A TENANT'S GUIDE TO GETTING AND KEEPING GAS AND ELECTRICITY SERVICE.
A guide for consumers in Brooklyn but useful for anyone looking to get and 
maintain gas and electric service. 
http://tenant.net/Rights/Utility/util-toc.html

THE HOME ENERGY ASSISTANCE PROGRAM (HEAP)
HEAP provides regular or emergency help to seniors and low-income families 
with heating bills. A one-time grant per year to help low-income homeowners 
and renters pay fuel and utility cost.

If you are 60 years or older, call NYC Department for the Aging HEAP 
Program: 212-442-1000
Those under 60 years, call: Human Resources Administration Infoline 
877-472-8411

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HEAT SEASON STARTS October 1
Fact Sheet Courtesy of Community Training & Resource Center

October 1 through May 31

Heat is              when outside temp.     Inside Temp must
Required             is below:              be at least:

6:00 am - 10:00 pm         55°                    68°
10:00 pm - 6:00 am         40°                    55°

Hot Water is required 24 hours a day at a minimum temperature at the tap of 
120 degrees Fahrenheit.

In New York City, during the heating season from October 1 through May 31, 
tenant complaints of lack of heat and hot water are officially given top 
priority throughout the five boroughs by the New York City Department of 
Housing Preservation and Development's (HPD) Division of Code Enforcement 
(DCE). A brutal winter may often send the temperature plummeting to below 
freezing for days at a time. Under such circumstances, any building without 
heat constitutes a life threatening, emergency situation for tenants, 
especially senior citizens, invalids and infants or young children.

It is not difficult to find reasons for the fact that heat and hot water 
problems are so commonplace. The cost of supplying fuel for heat and hot 
water service in a multiple dwelling is generally, after real estate taxes, 
the largest single expense incurred by its owner (luxury buildings may have 
employee payrolls that are larger). At current prices, the fuel bill (using 
#6 oil), in a year with average winter temperatures, for a typical one 
hundred unit apartment building would approximate $60,000. Landlords are 
too often tempted to look at this building expense as "controllable" and 
initiate a systematic cut-back in service calculated to produce substantial 
savings.

A large part of the NYC housing stock is old and in poor condition. 
Approximately 40 percent of existing buildings are pre-1929 "old law" or 
"new law" walk-up tenements.The heating systems in these buildings are 
generally inefficient, having outlived their useful life, and break down 
frequently. Although these systems could be replaced with the costs passed 
on to the tenants, many of these landlords are short of the necessary cash 
and operate their buildings on a shoestring. The buildings, usually in 
low-income neighborhoods, are not considered good risks for loans by banks 
and other lending institutions. Additionally, affected tenants, generally 
living at or below the poverty level, pay rents that consume 60 to 70 
percent of their gross household income and could not possibly absorb any 
further increases.

Finally, most landlords, managing agents or superintendents have not had 
any technical training in how to efficiently operate building heating 
systems. A commonplace mid-winter scene in New York City is an overheated 
apartment with windows wide open pouring heat-energy dollars into the 
street. At the other extreme is the scene of a family with children 
huddling around a kitchen stove,, the only source of heat in an otherwise 
freezing apartment.

Landlords or employees responsible for maintaining residential building 
services should be required to take courses that teach the necessary skills 
to run those buildings. Low cost classes that provide this training are 
currently offered by, among others, the Apartment House Institute 
(affiliated with the New York Technical College) and the Cornell University 
(New York) County Extension Service. This training invariably results in 
significant fuel savings for the owner and improved living conditions for 
the tenants.

Complaints to the Landlord

Tenants suffering from a chronic lack of heat and hot water are advised to 
send a letter of complaint to their landlord by certified mail. The letter 
should document the history and extent of the problem, listing specific 
dates and details. Ideally, it should include a daily heat chart, listing 
days of inside and outside temperatures when heating violations occurred. 
The letter should also call attention to any previous tenant complaints 
regarding heat related problems and what, if anything, was done to correct 
them. Finally, tenants should request a response within a specific time, 
and indicate that they will take whatever administrative and legal actions 
are necessary if there is none.

Central Complaints and Emergency Repairs

HPD, Division of Code Enforcement, has a twenty four hour heat complaint 
telephone number -- the number is either 311 or 212-New-York (212-639-9675) 
for those with cell phones or otherwise unable to access 311. For the 
hearing impaired, the TTY number is (212) 504-4115. The Center is open 
24-hours a day, seven-days a week.

More info is at:
http://home.nyc.gov/html/hpd/html/for-tenants/complaint-hotline.html

Tenants should provide, if possible, the name, address and phone number of 
the landlord or managing agent. If the problem is building wide, tenants 
should organize and take turns making daily, multiple calls until an 
inspector visits the building.

The central complaints operator's job is to determine the nature and extent 
of the emergency condition reported and prioritize an inspection response 
which should take place within twenty-four to seventy-two hours. During the 
heating season, only heat and hot water complaints are inspected. 
Inspections are not provided for non- heat related hazardous conditions 
until the heating season is over, often months after the hazardous 
condition was first reported; and inspection, even then, is doubtful.

HPD depends on "owner compliance" as the preferred system for getting 
repairs made. Upon an inspector's report of emergency conditions, the 
Emergency Service Bureau attempts to reach the owner or the building agent 
to tell them to make the necessary repairs within a specified time. The 
agency claims that ninety percent of owners are reached and that seventy 
five percent live up to their agreement with HPD. However, there is no 
documented record of landlord compliance because reinspections are not 
routinely made. Confirmation that the work has been done is usually 
determined by oral or written responses that the bureau requests from 
tenants. This is a "hit or miss" system, at best. If the tenant does not 
write to indicate that repairs were not made, HPD deems the violation(s) 
corrected.

Where owners cannot be reached or have refused to take action to cure the 
emergency, HPD may send in its own in-house staff (Division of Maintenance) 
to do the work. If special skills are required, the bureau will engage an 
outside contractor (e.g., licensed plumber or licensed electrician). 
Uncooperative landlords who do not wish to be billed for emergency repairs 
by HPD, may deny access to the building or repair site to HPD workers or 
the hired contractor. After two unsuccessful attempts to gain entry, the 
emergency bureau may ask HPD's Housing Litigation Bureau (HLB) for 
assistance.The litigation bureau attorneys will bring pressure on the owner 
to grant access, and failing that, after a "declaration of emergency," seek 
an access warrant in Court. Records indicate that very few access warrants 
are requested or issued. In heat and hot water emergencies, where the 
outside temperature is below freezing, HPD staff or contractors are 
authorized to "break and enter" if necessary.

HPD may legally bill the owner for emergency repairs and, if payment is not 
forthcoming, place a lien on the building.

Tenants are also reminded that the Multiple Dwelling Law Section 302 allows 
tenants, whose landlord is responsible for heating but has failed to 
purchase fuel oil, to contract and pay for fuel delivery and deduct such 
payment from their rent. The tenants must make reasonable efforts to 
contact the landlord about the lack of fuel oil and then order from the 
usual supplier or another established supplier. In a building using natural 
gas heating, pursuant to Public Services Law Section 116, tenants may use 
the landlords account or establish a new one with the public utility 
company and pay the heating bill. Such payments are deductible from future 
rents.

Court Actions

Tenants may withhold rent if they are denied heat and hot water and expect 
to be sued by their landlord for non-payment in Housing Court. In 
answering, tenants should claim landlord's breach of the "Warranty of 
Habitability" and cite the specific denial of services as a defense. A 
court ordered inspection to confirm tenants defense should be requested, if 
an inspection is still appropriate. Tenants should also enter a 
counterclaim for rent abatements based on reduced services. As mentioned 
above, documentation of times, dates, and relevant temperatures on those 
dates will play a critical role as evidence to substantiate tenant claims.

Tenants could also sue the landlord for the necessary repairs or 
restoration of services by filing an Housing Part Action (HP) in Housing 
Court. Favorable results of such an action might include court ordered 
repairs, rent abatements, and if there is further landlord non-compliance, 
fines, contempt proceedings and occasionally, jail sentences.The HP Action 
is often the fastest and most effective procedure that tenants may employ 
for getting landlords to comply with the housing codes and is highly 
recommended. For greater detail please refer to the CTRC fact sheet, 
Housing Court Actions

Complaints to the DHCR

Rent stabilized or rent controlled tenants in addition to the actions taken 
above should, at the same time, file either form HHW-1 (individual tenants) 
or form RA-84 (building wide) with the New York State Division of Housing 
and Community Renewal (DHCR). The DHCR is required to order an inspection 
of the subject building and upon confirmation of the tenant complaint may 
reduce the existing rent and freeze any further increases. Rents remain 
frozen until services are restored. The landlord must make a written 
request for reinstatement of rents. Tenants can challenge the request if, 
in fact, the landlords claim of restoration of services is not accurate. 
For a more thorough discussion, refer to CTRC fact sheet, Rent Reduction 
for Lack of Services.

Tenant Organizing

Because heat-related problems can become immediately hazardous to health 
and safety, the value of an organized tenancy cannot be overemphasized. The 
process of getting services restored may involve complex and extended legal 
negotiations with the landlord, city agencies and/or the courts. Such 
efforts are best carried out by a well organized tenant group. Tenants not 
able or not prepared to develop a self-organized group should seek the help 
and advice of a legal services provider, community housing organization, or 
a competent tenant attorney.

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PRACTICAL TIPS

 From a practical standpoint, a heat complaint should trigger an inspection 
from HPD. Of course, that is the whole point. But also be aware that while 
inspectors will be quick to tell you they cannot report violations on 
conditions other than heat, they are under instructions to look for certain 
specific things relating to fire safety and egress -- and you should be 
aware of this.

They check for:

1. That you have a second means of egress, often (but not always) an 
unencumbered fire escape, not blocked by anything on the fire escape, 
plants, furniture on the fire escape, air conditioners protruding and 
blocking fire escapes, etc., and only FDNY-approved window gates (the type 
that aren't locked with a padlock).

2. That you don't have a double-cylinder lock on your front door. These 
locks require a key on both sides of the door. In a fire you might be 
locked-in while looking for a key in the dark.

3. That you have an operating smoke alarm.

These are legal requirements AND good ideas. Anyone who has even been in a 
fire and who needed to quickly escape from a building will tell you this. 
So we urge you to make sure you're in compliance whether or not you need to 
make a heat-related complaint. But if an inspector reports any of these as 
a violation, the violation will go to your landlord who, in many cases, 
will try to blame you and take you to court. That's a headache you don't 
need. On the other hand, if the landlord caused any of these conditions, 
then you can/should complain about them.

HPD inspectors should also check for a) window guards and b) lead-paint 
hazards if you have young children. We're not sure if they always do this.

The above telephone numbers (311 or 212-NEW-YORK) should also be good for 
bad conditions other than heat, but since the budget cutbacks of the early 
1990's, it's been virtually impossible to get inspections on other 
conditions unless ordered by Housing Court.

When an inspector comes, make sure you get his name and badge number and 
have him show his badge. You should be able to get copies of the resulting 
violations later from HPD, although there is often a lag time between the 
inspection and when it appears on their computer. And even if an inspector 
seems to be truly interested in your plight, be watchful that they don't 
have 'private' conversations with the super of landlord. It's been known to 
happen that some inpsectors are 'persuaded' to not write-up violations. One 
way is to document his/her visit with a neighbor witness, photos of the 
condition (for other than heat), a heat sheet documenting the inside and 
outside temperature. And be sure the inspector knows you will follow-up 
with HPD on getting a copy of the violation. Just ask the inspector how to 
get a copy - they all know.


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DON’T FREEZE ­- ORGANIZE!
courtesy Met Council on Housing

The law requires your landlord provide heat and hot water
at the following levels from October 1 through May 31:

 From 6 am to 10 pm: If the outside temperature falls below 55 degrees, the 
inside temperature must be at least 68 degrees everywhere in your apartment.

 From 10 pm to 6 am: If the outside temperature falls below 40 degrees, the 
inside temperature must be at least 55 degrees everywhere in your apartment.

Hot water at a minimum 120 degrees at the tap must be provided 24 hours a 
day, year round.

IF YOUR LANDLORD DOES NOT MAINTAIN THOSE MINIMUM TEMPERATURES, you should:

o   Start an “HP action” in Housing Court. Ask for a court-ordered 
inspection and an Order to Correct.

o   Call the New York City Central Complaints Bureau at 311 immediately to 
record the landlord’s violation. Call repeatedly. An inspector should 
eventually come, although sometimes they don’t.

o   Get other tenants in your building to call Central Complaint. Everybody 
should call repeatedly, at least once every day the condition is not corrected.

o   Buy a good indoor/outdoor thermometer and keep a chart of the exact 
dates, times, and temperature readings, inside and out, so long as the 
condition is not corrected. The chart is your evidence.

o   Call the New York State Division of Housing and Community Renewal at 
(718) 739-6400 and ask them to send you their Heat and Hot Water complaint 
form. Get as many other apartments as possible in your building to sign on, 
demanding an order restoring heat and hot water, and a reduction and freeze 
(pardon the expression!) in all the rents.

You’ll need a strong tenant association to force the landlord to provide 
heat and hot water. Write and call the landlord and demand repairs or fuel.

Prepare to go on rent strike — but get legal advice first.

THE HEAT LAWS ALSO PROVIDE FOR:

o   The city’s Emergency Repair Department to supply your heat if the 
landlord does not. (Try waiting for this one!)

o   $250 a day fine to the landlord for every day of violation. (But the 
Housing Court rarely imposes these fines, let alone collects them.)

o   $1,000 fine to the landlord if an automatic control device is put on 
the boiler to keep the temperature below the lawful minimum.

If your boiler’s fuel tank is empty, tenants have the right to buy their 
own fuel after 24 hours of no heat and no response from the landlord. But 
this provision does not apply if the boiler is broken and needs both 
repairs and fuel.

CAUTION! Protect your money! If you decide to buy fuel, you must follow 
special lawful procedures very carefully. You should get help and advice 
from a tenant organizer.

Because the heat and hot water laws are in the law books does not mean they 
are enforced by government. Don’t freeze to death waiting for the city or 
state to act. Organize!


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NO SE QUEDE HELADO: ¡ORGANIZESE!

La ley requiere que su casero pro proporcion porcion porciona a
calefacción y agua caliente a las temperaturas siguientes, desde
el 1ro de octubre hasta el 31 de mayo:

Desde las 6 a.m. hasta las 10 p.m.: Si la temperatura afuera es de menos de 
55 grados, la temperatura adentro debe ser al menos de 68 grados en todo el 
apartamento.

Desde las 10 p.m. hasta las 6 a.m.: Si la temperatura afuera es de menos de 
40 grados, la temperatura adentro debe ser al menos de 55 grados en todo el 
apartamento.

Se tiene que proporcionar agua caliente a un mínimo de 120 grados en el 
grifo las 24 horas del día, todo el año.

SI SU CASERO NO MANTIENE ESTAS TEMPERATURAS MíNIMAS, USTED DEBE:

o   Comenzar una “Acción HP” (HP Action) en la Corte de Vivienda. Pida una 
inspección por orden de la corte y una Orden de Corrección (Order to Correct)

o   Llamar al Buro Central de Quejas (Central Control Bureau) de la ciudad 
de Nueva York al 311 inmediatamente, para documentar la violación del 
casero. Llame repetidamente. Se supone que un inspector vendrá 
eventualmente, aunque a veces no lo haga.

o   Exhortar a los otros inquilinos en el edificio a llamar al Central 
Complaint. Todos deben llamar repetidamente, al menos una vez al día, todos 
los días en que tengan problemas con la calefacción.

o   Comprar un buen termómetro para afuera y adentro, para documentar las 
fechas exactas, las horas, y las temperaturas, tanto afuera como adentro, 
mientras tenga problemas con la calefacción. Esta documentación es su evidencia

o   Llamar a la División de Vivienda y Renovación Comunal del Estado de 
Nueva York (DHCR, por sus siglas en ingles) al (718) 739-6400, y pedir que 
le envíen el formulario de Queja de Calefacción y Agua Caliente. Llene el 
formulario y consigue la participación de todos los inquilinos en su 
edificio que pueden firmarlo. Reclame una orden para restaurar la 
calefacción y el agua caliente, y que se reduzcan y congelen (¡disculpe lo 
de “congelen”!) todas las rentas.

o   Necesitarán una fuerte asociación de inquilinos para obligar al casero 
a proporcionar calefacción y agua caliente. Escriban y llamen al casero 
para demandar reparaciones y aceite. Prepárense para una huelga de renta 
(sobre todo con asesoría legal)—de relámpago si es necesario.

LAS LEYES SOBRE LA CALEFACCIóN ESTABLECEN TAMBIéN:

o   Que el Departamento de Reparaciones de Emergencia de la ciudad le 
proporcione la calefacción si el casero no lo hace. (No se siente en un 
bloque de hielo—otra vez, ¡disculpe! mientras espere que lo haga.)

o   Una multa de $250 al casero por cada día que se produzca la violación. 
(Pero la verdad es que la Corte de Vivienda raras veces impone las multas, 
y menos aun las cobra).

o   Una multa de $1,000 al casero si algún aparato de control automático se 
instala en la caldera para mantener la temperatura por debajo del mínimo legal.

o   Si el tanque de combustible de la caldera está vacío, los inquilinos 
tienen el derecho de comprar su propio combustible después de haber pasado 
24 horas sin calefacción y también sin obtener ninguna respuesta del 
casero. Esto no se aplica si la caldera está rota y necesita tanto 
reparación como combustible.

CUIDADO! ¡proteja su dinero! Si los inquilinos deciden comprar el 
combustible, hay que seguir los procedimientos legales cuidadosamente. 
Consiga la ayuda y el consejo de un organizador de inquilinos. La 
existencia de leyes de calefacción y agua caliente vigentes no garantiza 
que el gobierno las implemente. No se quede helado por esperar que la 
ciudad o el estado actúe. ¡Organízese!


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IF YOU HAVE PROBLEMS WITH HEAT IN YOUR BUILDING
from Met Council

1. Use the form below to record the inside and outside temperature. Call 
the Weather Bureau at (212) 976-1212 to get the official outside 
temperature. Use a thermometer to take the temperature inside your apartment.

2.Call the Central Complaint Bureau at 311 or 212-NEW-YORK to register your 
complaint. You should call each day you have a heating problem. They are 
open 24 hours a day, 7 days a week.

3.Write and call your landlord. Send letters by certified mail, return 
receipt requested and keep a copy of the letter. Keep a list of each date 
and time you called your landlord to complain.

4.Consider organizing a tenant's association and filing an HP Action 
against your landlord in Housing Court. If you live in a rent regulated 
apartment, consider filing a complaint with the Division of Housing and 
Community Renewal.

Sample Heat Record

Name:__________________________________________________

Address:_______________________________________________

_______________________________________________

Date:         Time:      Outside Temp    Inside Temp   Initials
===========   ========   ============    ===========   ========
-----------   --------   ------------    -----------   --------
-----------   --------   ------------    -----------   --------
-----------   --------   ------------    -----------   --------
-----------   --------   ------------    -----------   --------
-----------   --------   ------------    -----------   --------