New York renters entitled to heat, hot water, cleared walkways, AG says

Coming out of Monday’s record snowfall and with more unsettled weather expected this week, the state Attorney General’s Office is advising that New Yorkers who rent know their rights.

In an announcement released Tuesday, Attorney General Letitia James advised renters across the state to recognize that their landlords have certain legal responsibilities when it pertains to maintaining access to heat and hot water.

Coping with freezing temperatures and record snowfall can be a major pain for homeowners, but for renters on the Island dependent on landlords, it can be a matter of legal rights and entitlements, local tenant advocates said. In recognition of potential issues with heating and hot water access, the attorney general's office is advising New Yorkers that the law is on their side.

“Landlords are legally required to provide heat and hot water and to ensure that common areas and building entrances are safe and accessible,” James said. “No New Yorker should be left in the cold or forced to navigate dangerous, icy conditions. My office is urging tenants to know their rights and to speak up if those rights are not being respected.”

Under state law, property owners are required to provide heat between Oct. 1 through May 31, a period known as heating season, according to the attorney general’s office.

During those months, landlords must ensure that interior temperatures are at least 68 degrees between the hours of 6 a.m. and 10 p.m. if the outside temperature falls below 55 degrees. At night, between 10 p.m. and 6 a.m., inside temperatures must be at least 62 degrees regardless of how cold it is outside, James’ office said.

Tenants are also entitled to hot water year-round at a “constant minimum temperature of 120 degrees,” according to the advisory.

Ian Wilder, executive director of Long Island Housing Services Inc., a civil rights and fair housing advocacy organization, said tenant complaints regarding heat and hot water access are a constant issue, and become especially pressing during the colder months.

“We get complaints every year, especially during winter,” Wilder said. “The ones that rise to my desk are the heat ones.”

Wilder said while many renters on Long Island are aware that landlords must provide heat and hot water, many are not aware that failure to do so is a criminal offense that can warrant a call to the police.

“If someone loses their utilities, that’s considered an illegal eviction, and that is a misdemeanor punishable by up to a year in jail,” he said. But, Wilder added, enforcement on the Island has been lacking over the years.

In addition to utilities, the attorney general’s office said that property owners must also clear snow and ice from “sidewalks, steps, and other entrances and exits to ensure safe passage,” and that salt or sand must be spread to prevent slipping accidents.

Unlike heat or hot water, though, if a tenant has “exclusive control” of a property, or if it’s stipulated in writing that the tenant is responsible for snow clearing, then landlords are not held responsible.