UTILITY SERVICES
HEATING SEASON
Heat must be supplied from October 1 through May 31 to tenants in multiple dwellings. If the outdoor temperature falls below 55°F between the hours of six a.m. and ten p.m., each apartment must be heated to a temperature of at least 68°F. If the outdoor temperature falls below 40°F between the hours of ten p.m. and six a.m., each apartment must be heated to a temperature of at least 55°F. Multiple Dwelling Law § 79; Multiple Residence Law § 173; NYC Admin. Code § 27-2029.
TRUTH IN HEATING
Before signing a lease requiring payment of individual heating and cooling bills, prospective tenants are entitled to receive from the landlord a complete set or summary of the past two years' bills. These copies must be provided free upon written request. Energy Law § 17-103.
HOT WATER
Landlords must provide all tenants of multiple dwellings with both hot and cold water. Hot water must register at or above a constant temperature of 120 degrees at the tap. If a tub or shower is equipped with an anti-scald valve that prevents the hot water temperature from exceeding 120 degrees, the minimum hot water temperature for that tub or shower is 110 degrees. Multiple Dwelling Law § 75; Multiple Residence Law § 170; NYC Admin. Code § 27-2031.
CONTINUATION OF UTILITY SERVICE
When the landlord of a multiple dwelling is delinquent in paying utility bills, the utility must give advance written notice to tenants and to certain government agencies of its intent to discontinue service. Service may not be discontinued if tenants pay the landlord's current bill directly to the utility company. Tenants can deduct these charges from future rent payments. The Public Service Commission can a**ist tenants with related problems.
If a landlord of a multiple dwelling fails to pay a utility bill and service is discontinued, landlords may be liable for compensatory and punitive damages. Real Property Law § 235-a; Public Service Law § 33.
OIL PAYMENTS
Tenants in oil-heated multiple dwellings may contract with an oil dealer, and pay for oil deliveries to their building, when the landlord fails to ensure a sufficient fuel supply. These payments are deductible from rent. Local housing officials have lists of oil dealers who will make fuel deliveries under these circumstances. Multiple Dwelling Law § 302-c; Multiple Residence Law § 305-c.