Ask Altagracia: The heat is out in my apartment. How do I get the landlord to fix it? Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Governor Kathy Hochul signs new budget
    Live
    Hochul signs $269 billion budget with new pied-à-terre tax for NYC
    Towers of the East River Co-ops (1956) in the Lower East Side, NYC. In the foreground is the East River and East River Park under renovation. These were the tallest reinforced concrete apartment structures in the United States at the time of their construction.
    Co-ops
    How first-time NYC buyers can apply for up to $100,000 in down payment assistance
    Brick townhouses in NYC
    Negotiating + Financing
    What is a CEMA loan, and how can it reduce my mortgage recording tax?
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    New York Knicks Game 4 NBA Finals
    Rent
    Cheering the Knicks NBA championship win and recalling more affordable NYC rents
    Governor Kathy Hochul signs new budget
    Live
    Hochul signs $269 billion budget with new pied-à-terre tax for NYC
    Bernie Sinclaire and Anabelle Gonzalez and children
    Live
    Is a ‘mommune’ right for you? Why two single NYC moms say combining households beats struggling alone
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Condo buildings near Hudson Yards
    Sell
    Manhattan co-op and condo deals above $3 million doubled in the first quarter
    Apartment buildings in New York City
    Sell
    What is a pied-à-terre? What makes it different from a typical NYC apartment?
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Bernie Sinclaire and Anabelle Gonzalez and children
    Live
    Is a ‘mommune’ right for you? Why two single NYC moms say combining households beats struggling alone
    French Bulldog in Manhattan living room
    Kids + Pets
    HUD issued new rules for emotional support animals. For New Yorkers, not much will change
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Blue cabinetry and window-paned interior doors
    Design + Architecture
    Who should you hire to renovate your luxury Upper East Side co-op?
    Sponsored By YossiG & Home Evolutions
    Manhattan Midtown Skyline View From the East River
    Improve
    New York just extended the J-51 tax abatement. Here are five key details condo and co-op boards need to know
    Modern windows matched with a stone facade
    Improve
    What type of window is right for your NYC home? A property-by-property guide
    Sponsored By Window & Door Pro
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Blue cabinetry and window-paned interior doors
    Design + Architecture
    Who should you hire to renovate your luxury Upper East Side co-op?
    Sponsored By YossiG & Home Evolutions
    Three women lounging amusingly upside-down on a couch in a clean, brightly lit apartment
    Rent
    How to find a sublet in NYC: The online platform connecting apartments and renters
    Sponsored By Ohana
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Altagracia: The heat is out in my apartment. How do I get the landlord to fix it?

  • Call 311 to report a lack of heat, then track your complaint online via HPD’s website
  • You can file a HP proceeding to force the owner to make repairs and provide services
By Outerbridge Law P.C.  | December 19, 2024 - 3:30PM
radiator with no heat

If HPD finds there's an illegal lack of heat, a violation will be issued against the building. 

iStock

The heat is out in my apartment. What options do I have to get the landlord to fix it?

 Assuming you have reported the lack of heat to your landlord, the next step is to call 311. “When you explain you have no heat, they will route your call appropriately,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners, and landlords. 

After your call to 311, an inspector from the Department of Housing Preservation & Development should visit your apartment within 48-72 hours to make an assessment. If HPD finds there's an illegal lack of heat, a violation will be issued against the building. 

“The landlord will then have to fix the problem or certify they’ve taken necessary action such as engaging a technician,” Pierre-Outerbridge said. 

'Keep an eye on your complaint'

To track your complaint, go to HPD’s website, where you can type in the address for your building and see whether a violation has been issued. Sometimes a landlord will claim they have fixed the problem and the complaint will be closed, even though the problem is still there. 

“Keep an eye on your complaint and make sure it is moving forward,” Pierre-Outerbridge said. If the complaint has been closed but the problem remains, call 311 again. 

After your 311 complaint, you can also file an HP proceeding. This is a specialized housing court proceeding to force a landlord to make repairs and provide essential services. “You can do this without a lawyer,” Pierre-Outerbridge said. You will fill out forms, explain that you have no heat and a court date will be scheduled. 

“Theoretically there's a trial but it's more of a way to get the attention of the landlord,” Pierre-Outerbridge said. Even though HP proceedings are expedited, the process can take several months. 

How to withhold rent

Another option is to stop paying your rent. This likely means your landlord will sue you, at which point you can present a lack of heat as a defense. “This also gets the landlord’s attention,” Pierre-Outerbridge said. 

If you live in a rent-regulated apartment—either stabilized or rent-controlled—you can file a reduction in services complaint with the New York State Division of Housing and Community Renewal. Their processes will work in tandem with HPD and housing court procedures. “The result here is that your rent gets knocked back down to what it was before your most recent increase, until services are restored,” Pierre-Outerbridge said.

Another option is to call your elected representative. “We’ve had some luck with this,” Pierre-Outerbridge said. “You tell them you are cold and you vote,” she added. 

If you believe your landlord has cut off your heat intentionally and you have proof, this would be considered tenant harassment. Make a note of this when calling 311, dealing with city agencies and the courts. 

“HPD, DHCR, and housing court all have laws providing for additional remedies and penalties for tenant harassment,” Pierre-Outerbridge said. Also worth noting is the Manhattan District Attorney’s new tenant protection unit, which has enforcement power for dealing with criminal schemes. 

“If you are in Manhattan, it may be worth notifying the unit and at the very least they can get you a referral to the right agency,” Pierre-Outerbridge said.


Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.

You Might Also Like

plimbing repairs
Troubleshooting The 7 best ways to get your NYC landlord to make repairs and get them done faster
image
Roommates + Landlords No heat in your NYC apartment or radiator too hot? Here's what you can do
rental apartment NYC
Roommates + Landlords What is the warranty of habitability and how does it affect tenants?

 

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia heat landlords tenants' rights winter
SHARE
TWEET
BRICK’S PICKS
New residential buildings in Long Island City, Queens
Changes to lending rules from Fannie Mae and Freddie Mac alarm NYC condo buildings
Governor Kathy Hochul announces proposed a pied-à-terre tax
Hochul unveils new pied-à-terre tax on NYC luxury second homes
harassment from a neighbor NYC
Is your neighbor harassing you? Follow these 4 steps to handle the problem
brooklyn apartments
No co-signer for your rental? No problem—try these 6 guarantor workarounds
Common space at Outpost Group's Williamsburg location.
Co-living 2.0: Proposed NYC law would legalize shared housing in new development to ease housing crisis
Manhattan apartment building
Cool homes for all: A guide to NYC’s new AC mandate for rentals
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS