Your Rights and Your Landlord’s Responsibilities During Heat Season

As the calendar turns to October, it signals the start of a significant time for renters: “heat season.” This is the period when landlords are legally required to provide adequate heat to their tenants. Knowing your rights and your landlord’s obligations is essential to ensuring a safe and comfortable living environment throughout the colder months.

Understanding “Heat Season”

The heat season is the designated period when specific heating requirements come into effect for residential buildings. While the exact dates and regulations can vary depending on your location, it commonly runs from October 1st to May 31st. This is not a suggestion; it’s the law in many jurisdictions.

The law sets clear standards for the minimum temperatures that must be maintained in your apartment. These regulations are designed to protect residents from uninhabitable conditions that can pose health risks.

Are Heating Requirements Different by City or State?

A key fact that every tenant should know is that heating requirements are not the same everywhere. There is no single national law that says when heat must be provided or at what temperature. These requirements vary by city, county, and state.

For example, in New York City, the official “heat season” runs from October 1st to May 31st. During this time, landlords are required to maintain specific indoor temperatures:

• Between 6 a.m. and 10 p.m., if the outside temperature falls below 55°F, the indoor temperature must be at least 68°F.
• Between 10 p.m. and 6 a.m., the indoor temperature must be at least 62°F, regardless of the outside temperature.

Meanwhile, in Massachusetts, the heating season typically begins earlier, on September 15th, and runs through May 31st. The temperature requirements are also different, with landlords required to heat every habitable room to:

• At least 68°F from 7 a.m. to 11 p.m.
• At least 64°F from 11:01 p.m. to 6:59 a.m.

It is crucial to check the specific regulations for your location, as the dates and temperature minimums can differ. You can search “heat season regulations for [your city and state]” online.

Your Rights as a Tenant

As a tenant, you have rights that protect you from if your heating is too low. These rights are in place to ensure your health and safety.

• The Right to a Habitable Residence: This is the most basic right. Your landlord has to provide a safe and livable home by law. A lack of heat during cold weather can make an apartment uninhabitable, giving you grounds to take action.
• The Right to a Working Heating System: You have the right to a heating system that works correctly and can meet the legal temperature minimums. You also have the right to expect that the system will be maintained properly throughout the season.
• The Right to a Timely Response: When you report a heating issue, your landlord must respond immediately. This means they cannot put off repairs indefinitely. The law recognizes that a lack of heat is a serious matter that can quickly lead to unsafe conditions.

What to Do If You Don’t Have Heat

If  your apartment is not being properly heated, you should take the following steps to protect yourself and build a case:

1. Document Everything: Document the low temperature: record the time, date, and temperature from a thermometer, and photograph/video the reading.
2. Contact Your Landlord in Writing: Notify your landlord in writing (letter or email) about the lack of heat, including your name, address, and a clear description of the issue. State that legal temperature requirements are not being met. Keep a copy for your records.
3. Contact Your Local Housing Authority: If your landlord does not respond or fails to make repairs in a timely manner, you should contact your local housing authority or code enforcement agency. They can issue a violation notice to your landlord and may conduct an inspection.
4. Seek Legal Assistance: If all else fails and the issue persists, you may need to consider further legal action. For Uber and Lyft drivers, our housing support service offers no-cost access to experienced professionals who can provide guidance on these matters, from understanding your lease provisions to navigating landlord-tenant disputes.

Housing Support for IAM Legal Plan Members

We know how important it is to feel safe and secure in your home. That’s why IAM Legal Plan’s housing support service is here to help members understand their rights, make sense of landlord/tenant disputes, and get legal help when it’s most needed at no cost. For support, tap below and submit a form or call/text us at 646-921-9128.