It's cold outside today and some tenants may be experiencing heating issues.
Note this from the Nassau County Department of Health:
"Who is responsible for the heat in my dwelling?
The Nassau County Health Department does not regulate owner occupied dwellings like owner occupied single-family homes, condominiums, and co-op apartments (problems need to be addressed with the building managers, owners boards, or through legal counsel). For rental dwellings, heat and utilities in single-family homes are generally the responsibility of the occupants. In multi-unit buildings, unless other agreements have been reached, the owner/landlord is generally responsible for the heat. In all cases where there is a shared or common service that is not metered or billed separately for each dwelling unit, the owner/landlord is responsible for providing these utilities. The owner/landlord is also responsible for assuring that the delivery systems for heat and hot water are functioning properly in all case"
See http://www.nassaucountyny.gov/3059/11590/Heating-Regulations?activeLiveTab=widgets
But there is a number to call:
"Heat Complaints: (516) 227-9715.This unit responds to complaints from residents of apartments, cooperatives and condominiums when temperatures in their units fall below certain temperatures during the heating season."
See https://www.nassaucountyny.gov/3543/Environmental-Health
And an additional number is found here:
"Heat Complaints (516) 571-3679 This unit responds to complaints from residents of apartments, cooperatives and condominiums when temperatures in their units fall below certain temperatures during the heating season."
See https://www.nassaucountyny.gov/3352/Feedback-Complaints
Nassau Suffolk Law Services suggests "Contact the Town’s Building Inspector (also called a Code Enforcement Inspector), the Fire Marshall or the County’s Department of Health (for things like no heat, cesspool backup, and lead paint issues) to look at the problem."
See http://nslawservices.org/wp/?page_id=180
Showing posts with label Heat Complaints. Show all posts
Showing posts with label Heat Complaints. Show all posts
Thursday, February 19, 2015
Tuesday, October 13, 2009
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!"
"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!"
Monday, October 12, 2009
HEAT PROGRAMS FOR OWNERS AND RENTERS
It started to get cold so let's just discuss options right now for heating costs:
HOME ENERGY ASSISTANCE PROGRAM (HEAP)
This program provides a once-a-year benefit to low income homeowners and renters to help pay for fuel or utility costs. Persons age 60 and over, and disabled and SSI recipients of all ages, can apply by mail. For information on income eligibility levels and application procedure, contact:
Nassau County Department of Senior Citizen Affairs
HEAP Program
60 Charles Lindbergh Boulevard
Uniondale, NY 11553-3653
227-7386
WEATHERIZATION REFERRAL AND PACKAGING PROGRAM (WRAP)
Low income eligible seniors are assisted in obtaining weatherization services through local providers. These services include, but are not limited to, boiler repair, replacement of storm windows and doors, caulking and weatherstripping, etc. An individual plan is developed to include the identification of needs and resources and, thereafter, to provide the coordination of services needed. For information, call:
Nassau County Department of Senior Citizen Affairs -- 227-7386.
RESIDENTIAL ENERGY AFFORDABILITY PARTNERSHIP (REAP)
REAP is a program for Long Island Power Authority (LIPA) customers that can help limited income households better control their energy use and thus save money on electric bills. If eligible, a REAP team will visit the home and provide information on practical ways to reduce energy costs. In addition, they may install certain energy saving devices at no cost to the homeowner. Contact
Nassau County Department of Senior Citizen Affairs WRAP Program -- 227-7386
LIPA -- 1-800-263-6786 www.lipower.org/cei/reap.html
PROJECT WARMTH
Project Warmth is a community-based partnership that provides financial assistance to enable eligible families to pay their heating bills. This program is administered by Long Island’s United Way. One-time grants are awarded from October 1 to March 31. Contact
Project Warmth – Information Line 1-631-940-3757
Also, from the Nassau County Health Department:
"Heating Regulations
Who is responsible for the heat in my dwelling?
The Nassau County Health Department does not regulate owner occupied dwellings like owner occupied single-family homes, condominiums, and co-op apartments (problems need to be addressed with the building managers, owners boards, or through legal counsel). For rental dwellings, heat and utilities in single-family homes are generally the responsibility of the occupants. In multi-unit buildings, unless other agreements have been reached, the owner/landlord is generally responsible for the heat. In all cases where there is a shared or common service that is not metered or billed separately for each dwelling unit, the owner/landlord is responsible for providing these utilities. The owner/landlord is also responsible for assuring that the delivery systems for heat and hot water are functioning properly in all cases.
Does the Health Department regulate heat in offices, commercial, or industrial areas?
No, Nassau County Health Department only regulates heat for rental residential dwellings. Complaints concerning the workplace should be directed to the New York State Labor Department at (516) 334-3344
When is it required for heat to be provided?
In Nassau County, the Nassau County Public Health Ordinance requires that heat be provided from October 1st through May 31st the following year, any time the outside temperature drops below 55 F. The required minimum temperature is 65 F between 10PM and 6 AM (overnight) and 68 F between 6AM and 10PM (during the day).
Does the Nassau County Health Department regulate all areas of Nassau County for heat?
No. Several incorporated villages, and the two cities (Glen Cove and Long Beach) have regulations that are more restrictive and enforce their own heating regulations. The Villages who regulate heating requirements themselves are: Cedarhurst, Freeport, Great Neck Plaza, Great Neck, Hempstead, Lynbrook, and Rockville Centre. If you live in any of these villages or cities, call the municipal offices to find out about the heating regulations that apply to your home and the phone numbers to call to report any problem.
Is more information available?
For more information, please contact your local municipality:
City of Glen Cove / (516) 676-2000
City of Long Beach / (516) 431-1000
Nassau County Village Officials Association / (516) 437-1455
If Nassau County residents have additional questions or concerns regarding heat in their dwelling, they can call the NC Department of Health - Community Sanitation Program (516-227-9715)."
HOME ENERGY ASSISTANCE PROGRAM (HEAP)
This program provides a once-a-year benefit to low income homeowners and renters to help pay for fuel or utility costs. Persons age 60 and over, and disabled and SSI recipients of all ages, can apply by mail. For information on income eligibility levels and application procedure, contact:
Nassau County Department of Senior Citizen Affairs
HEAP Program
60 Charles Lindbergh Boulevard
Uniondale, NY 11553-3653
227-7386
WEATHERIZATION REFERRAL AND PACKAGING PROGRAM (WRAP)
Low income eligible seniors are assisted in obtaining weatherization services through local providers. These services include, but are not limited to, boiler repair, replacement of storm windows and doors, caulking and weatherstripping, etc. An individual plan is developed to include the identification of needs and resources and, thereafter, to provide the coordination of services needed. For information, call:
Nassau County Department of Senior Citizen Affairs -- 227-7386.
RESIDENTIAL ENERGY AFFORDABILITY PARTNERSHIP (REAP)
REAP is a program for Long Island Power Authority (LIPA) customers that can help limited income households better control their energy use and thus save money on electric bills. If eligible, a REAP team will visit the home and provide information on practical ways to reduce energy costs. In addition, they may install certain energy saving devices at no cost to the homeowner. Contact
Nassau County Department of Senior Citizen Affairs WRAP Program -- 227-7386
LIPA -- 1-800-263-6786 www.lipower.org/cei/reap.html
PROJECT WARMTH
Project Warmth is a community-based partnership that provides financial assistance to enable eligible families to pay their heating bills. This program is administered by Long Island’s United Way. One-time grants are awarded from October 1 to March 31. Contact
Project Warmth – Information Line 1-631-940-3757
Also, from the Nassau County Health Department:
"Heating Regulations
Who is responsible for the heat in my dwelling?
The Nassau County Health Department does not regulate owner occupied dwellings like owner occupied single-family homes, condominiums, and co-op apartments (problems need to be addressed with the building managers, owners boards, or through legal counsel). For rental dwellings, heat and utilities in single-family homes are generally the responsibility of the occupants. In multi-unit buildings, unless other agreements have been reached, the owner/landlord is generally responsible for the heat. In all cases where there is a shared or common service that is not metered or billed separately for each dwelling unit, the owner/landlord is responsible for providing these utilities. The owner/landlord is also responsible for assuring that the delivery systems for heat and hot water are functioning properly in all cases.
Does the Health Department regulate heat in offices, commercial, or industrial areas?
No, Nassau County Health Department only regulates heat for rental residential dwellings. Complaints concerning the workplace should be directed to the New York State Labor Department at (516) 334-3344
When is it required for heat to be provided?
In Nassau County, the Nassau County Public Health Ordinance requires that heat be provided from October 1st through May 31st the following year, any time the outside temperature drops below 55 F. The required minimum temperature is 65 F between 10PM and 6 AM (overnight) and 68 F between 6AM and 10PM (during the day).
Does the Nassau County Health Department regulate all areas of Nassau County for heat?
No. Several incorporated villages, and the two cities (Glen Cove and Long Beach) have regulations that are more restrictive and enforce their own heating regulations. The Villages who regulate heating requirements themselves are: Cedarhurst, Freeport, Great Neck Plaza, Great Neck, Hempstead, Lynbrook, and Rockville Centre. If you live in any of these villages or cities, call the municipal offices to find out about the heating regulations that apply to your home and the phone numbers to call to report any problem.
Is more information available?
For more information, please contact your local municipality:
City of Glen Cove / (516) 676-2000
City of Long Beach / (516) 431-1000
Nassau County Village Officials Association / (516) 437-1455
If Nassau County residents have additional questions or concerns regarding heat in their dwelling, they can call the NC Department of Health - Community Sanitation Program (516-227-9715)."
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