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I rent an apartment in upstate ny. When can the landlord turn my heat off? All utilities are included.

Saratoga Springs, NY |
Attorney answers 3

Best Answer

Dear I rent an apartment in upstate NY. When can the landlord turn my heat off? All utilities are included.

Your landlord cannot shut off your heat if your lease requires that the landlord provide heat and the time of the year is in the local "heating season." Some localities in New York State define the heating season as starting on October 1 and ending on May 31 each year. That means that during the heating season a landlord is required to provide heat to maintain at night an indoor temperature not less than 55 if the outdoor temperature is 40 or below. Daytime heating is maintained at 68 if the outdoor temperature is 55 or below.

If your home is in a multiple dwelling, the section 179 of the New York State Multiple Residence Law might apply:

§ 173. Heating. Every new dwelling shall be provided with heat in all
living rooms sufficient to maintain the minimum temperatures required by
local law, ordinances, rules or regulation, or by the local public
health officer, provided, however, that such minimum temperature shall,
notwithstanding the provisions of subdivision one of section three
hundred twenty-nine of this chapter, be sixty-eight degrees Fahrenheit
during the hours between six o'clock in the morning and ten o'clock in
the evening during the months between October first and May
thirty-first, whenever the outdoor temperature falls below fifty-five
degrees Fahrenheit.

You should check with the local housing office in Saratoga Springs if there is a "heating season" in effect and the penalties that might be applied to a landlord who deliberately turns off the heat.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.


The short answer is no.



The landlord is required to provide heat and hot water. He can not shut the heat off. If he has, contact your local authorities and file a complaint.

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