MORE ON HEATING - FOR RENTERS

This is from tenant.net and a lot of it applies to NYC apartments only but some of the suggestions, etc. will also apply to Nassau renters so here it is:

"Court Actions

Tenants may withhold rent if they are denied heat and hot water and expect to be sued by their landlord for non-payment in Housing Court. In answering, tenants should claim landlord's breach of the Warranty of Habitability and cite the specific denial of services as a defense. A court ordered inspection to confirm tenants’ defense should be requested, if an inspection is still appropriate. Tenants should also enter a counterclaim for rent abatements based on reduced services. As mentioned above, documentation of times, dates, and relevant temperatures on those dates will play a critical role as evidence to substantiate tenant claims.

Tenants could also sue the landlord for the necessary repairs or restoration of services by filing an Housing Part Action (HP) in Housing Court. Favorable results of such an action might include court ordered repairs, rent abatements, and if there is further landlord non-compliance, fines, contempt proceedings and occasionally, jail sentences. The HP Action is often the fastest and most effective procedure that tenants may employ for getting landlords to comply with the housing codes and is highly recommended.

Complaints to the DHCR

Rent stabilized or rent controlled tenants in addition to the actions taken above, may, at the same time, file either form HHW-1 (individual tenants) or form RA-84 (building wide) with the New York State Division of Housing and Community Renewal (DHCR). The DHCR is required to order an inspection of the subject building and upon confirmation of the tenant complaint may reduce the existing rent and freeze any further increases. Rents remain frozen until services are restored. The landlord must make a written request for reinstatement of rents. Tenants can challenge the request if, in fact, the landlords claim of restoration of services is not accurate. For a more thorough discussion, refer to CTRC fact sheet, Rent Reduction for Lack of Services.

Note: Most tenant activists believe filing a complaint with DHCR is futile at best. While the avenue exists, DHCR is essentially a landlord-protection racket and more likely than not, not the quickest solution for heat-related problems.

Tenant Organizing

Because heat-related problems can become immediately hazardous to health and safety, the value of an organized tenancy cannot be overemphasized. The process of getting services restored may involve complex and extended legal negotiations with the landlord, city agencies and/or the courts. Such efforts are best carried out by a well organized tenant group. Tenants not able or not prepared to develop a self-organized group should seek the help and advice of a legal services provider, community housing organization, or a competent tenant attorney.

PRACTICAL TIPS

From a practical standpoint, a heat complaint should trigger an inspection from HPD. Of course, that is the whole point. But also be aware that while inspectors will be quick to tell you they cannot report violations on conditions other than heat, they are under instructions to look for certain specific things relating to fire safety and egress -- and you should be aware of this.

They check for:

1. That you have a second means of egress, often (but not always) an unencumbered fire escape, not blocked by anything on the fire escape, plants, furniture on the fire escape, air conditioners protruding and blocking fire escapes, etc., and only FDNY-approved window gates (the type that aren't locked with a padlock).

2. That you don't have a double-cylinder lock on your front door. These locks require a key on both sides of the door. In a fire you might be locked-in while looking for a key in the dark.

3. That you have an operating smoke alarm.

These are legal requirements and good ideas. Anyone who has even been in a fire and who needed to quickly escape from a building will tell you this. So we urge you to make sure you're in compliance whether or not you need to make a heat-related complaint. But if an inspector reports any of these as a violation, the violation will go to your landlord who, in many cases, will try to blame you and take you to court. That's a headache you don't need. On the other hand, if the landlord caused any of these conditions, then you can/should complain about them.

HPD inspectors should also check for a) window guards and b) lead- paint hazards if you have young children. We're not sure if they always do this.

The above telephone numbers (311 or 212-NEW-YORK) should also be good for bad conditions other than heat, but since the budget cutbacks of the early 1990's, it's been virtually impossible to get inspections on other conditions unless ordered by Housing Court.

When an inspector comes, make sure you get his name and badge number and have him show his badge. You should be able to get copies of the resulting violations later from HPD, although there is often a lag time between the inspection and when it appears on their computer. And even if an inspector seems to be truly interested in your plight, be watchful that they don't have 'private' conversations with the super of landlord. It's been known to happen that some inspectors are 'persuaded' to not write-up violations. One way is to document his/her visit with a neighbor witness, photos of the condition (for other than heat), a heat sheet documenting the inside and outside temperature. And be sure the inspector knows you will follow-up with HPD on getting a copy of the violation. Just ask the inspector how to get a copy - they all know.


Don’t Freeze - Organize!
Met Council on Housing

The law requires your landlord provide heat and hot water at the following levels from October 1 through May 31:

From 6 am to 10 pm: If the outside temperature falls below 55 degrees, the inside temperature must be at least 68 degrees everywhere in your apartment.

From 10 pm to 6 am: If the outside temperature falls below 40 degrees, the inside temperature must be at least 55 degrees everywhere in your apartment.

Hot water at a minimum 120 degrees at the tap must be provided 24 hours a day, year round.

If your landlord does not maintain those minimum temperatures, you should:

Start an HP action in Housing Court. Ask for a court-ordered inspection and an Order to Correct.
Call the New York City Central Complaints Bureau at 311 immediately to record the landlord’s violation. Call repeatedly. An inspector should eventually come, although sometimes they don’t.
Get other tenants in your building to call Central Complaint. Everybody should call repeatedly, at least once every day the condition is not corrected.
Buy a good indoor/outdoor thermometer and keep a chart of the exact dates, times, and temperature readings, inside and out, so long as the condition is not corrected. The chart is your evidence
Call the New York State Division of Housing and Community Renewal at (718) 739-6400 and ask them to send you their Heat and Hot Water complaint form. Get as many other apartments as possible in your building to sign on, demanding an order restoring heat and hot water, and a reduction and freeze (pardon the expression!) in all the rents.
You’ll need a strong tenant association to force the landlord to provide heat and hot water. Write and call the landlord and demand repairs or fuel.

Prepare to go on rent strike but get legal advice first.

The Heat Laws Also Provide For:

The city’s Emergency Repair Department to supply your heat if the landlord does not. (Try waiting for this one!)
$250 a day fine to the landlord for every day of violation. (But the Housing Court rarely imposes these fines, let alone collects them.)
$1,000 fine to the landlord if an automatic control device is put on the boiler to keep the temperature below the lawful minimum.
If your boilers fuel tank is empty, tenants have the right to buy their own fuel after 24 hours of no heat and no response from the landlord. But this provision does not apply if the boiler is broken and needs both repairs and fuel.

CAUTION! Protect your money! If you decide to buy fuel, you must follow special lawful procedures very carefully. You should get help and advice from a tenant organizer.

Because the heat and hot water laws are in the law books does not mean they are enforced by government. Don’t freeze to death waiting for the city or state to act. Organize!"