NYC Heat and Hot Water Rules for Landlords

From October 1 through May 31, NYC building owners must keep apartments at 68°F or warmer between 6 a.m. and 10 p.m. whenever it is below 55°F outside, and at 62°F or warmer between 10 p.m. and 6 a.m. no matter the weather. Hot water must be at least 120°F every day of the year, and a heat or hot water violation for a first offense now carries a civil penalty of $350 to $1,250 for every day it stays uncorrected.

This guide covers the owner side: the thresholds, how HPD inspects and posts violations, what a violation costs, the one-time $250 settlement option, and the Heat Sensors Program that HPD uses for buildings with repeated heat problems.

The temperature rules

Two points trip up owners. First, the overnight 62°F minimum has no outdoor trigger, so a mild October night does not excuse a cold apartment. Second, hot water is a year-round duty. A July hot water outage is a violation just like a January one. If you want to sanity-check a reading against the rules, the heat season temperature checker applies the same thresholds.

How a heat violation happens

Tenants report no heat or hot water through 311. HPD sends an inspector, and if the inspector finds the apartment below the legal minimum, HPD issues a Class C violation. Unlike most HPD violations, which are mailed, heat and hot water notices of violation are posted at the building. HPD treats service as complete at the time of the inspection, so the clock starts that day, not five days after mailing. HPD lists the time allowed to correct heat and hot water violations as “immediately.”

1. Day 0

   Tenant complaint

   A tenant calls 311 or files online. You may not hear about it until an inspector arrives.

2. Inspection day

   Violation posted

   If the unit is below the minimum, HPD posts a Class C notice at the building. Daily penalties can run from the posting date.

3. Within 24 hours

   Restore heat to qualify for the settlement

   To use the $250 settlement option, the condition must be fixed within 24 hours of the posting (the inspection date).

4. Within 10 days

   File the Notice of Correction

   Submit the Notice of Correction (and the $250 payment if eligible) by mail or eCertification.

5. After 10 days

   Housing Court risk

   If HPD does not receive the notice and payment in time, it may seek a correction order and civil penalties in Housing Court.

What a heat or hot water violation costs

Penalties rose for violations issued on or after December 8, 2023. HPD's Penalties and Fees page lists the current amounts. (HPD's older heat page still shows the pre-2023 figures, so both are listed here.)

Penalties are only part of the bill. HPD also lists these costs:

• Inspection fees. $200 for each inspection after the first two that results in a heat violation in the same heat season, or a hot water violation in the same calendar year. The fee is billed through the Department of Finance on your quarterly property bill. Unpaid, it becomes a lien that can be sold through the City's tax lien sale.
• Judgments. If court-ordered penalties go unpaid, HPD enters a judgment against the owner and the property.
• Emergency repairs. If you don't restore heat or hot water after a violation, HPD's Emergency Repair Program can hire a contractor and bill the property for the work plus fees. See the Emergency Repair Program guide.

Certifying the correction

Heat and hot water violations use their own Notice of Correction form, separate from the general certification form. You can also file through HPD's eCertification system if you are enrolled. Only certify after heat or hot water is actually restored: HPD audits certifications, and its 2025 report to the City Council found that 13% of reinspected heat and hot water certifications were false. The full certification process is in How to certify HPD violation corrections.

The Heat Sensors Program

Local Law 18 of 2020, as amended by Local Law 70 of 2023, created HPD's Heat Sensors Program. Each year HPD selects 50 Class A multiple dwellings based on the number of heat violations over the prior two years and whether HPD received heat complaints from more than one unit. Selected buildings stay in the program for four years unless discharged early.

1. 1

   Install sensors by October 1

   A temperature sensor in each unit, in the living room the tenant chooses. Tenants may refuse installation.
2. 2

   Tell your tenants

   Explain the program, the device, how to access the data, the right to refuse, and the right to choose the room.
3. 3

   Submit data every month of heat season

   Send heat data for each month from October through May. HPD recommends filing each month’s report by the 15th of the following month.
4. 4

   Keep records and replace broken sensors

   Keep installation, maintenance and temperature records and give them to HPD on request. Replace a defective sensor within 30 days of a tenant’s written notice.
5. 5

   Expect frequent inspections

   HPD inspects program buildings at least twice a month from October 1 through January 31.

Failing to meet these duties can bring a Class B violation, which for violations issued on or after December 8, 2023 carries $75–$500 plus $25–$125 per day. HPD also charges $200 for each inspection after January 31 for the rest of the season while the building is enrolled, and sensor-related violations cost $500 each to resolve. A building can apply for early discharge if it has installed sensors, had no heat violations in the previous heat season, submitted all required records, and is validly registered. Roofy's report on heat sensor and underlying conditions program buildings shows which buildings are in the program.

A heat season checklist for owners

• Service the boiler and burner before October 1 and keep the boiler inspection current (see NYC boiler inspection rules).
• Set heating controls so overnight temperatures stay at 62°F or higher on every floor, whatever the weather.
• Check hot water at the tap in the farthest apartment, not just at the heater.
• Make sure your HPD property registration is current, so notices reach you and you can certify corrections.
• Give tenants a 24-hour number for heat outages so you hear about problems before 311 does.
• Look up your own building on Roofy's building lookup to see its heat complaint and violation history.

This is general information, not legal advice. Penalty amounts and eligibility for the settlement option are set out on each Notice of Violation, and HPD's pages are the final word.