Attorney General James Reminds Tenants of Their Rights Amid Winter Storm

 

New York Attorney General Letitia James reminded tenants across New York of their rights as winter weather brings freezing temperatures, snow, and ice to communities statewide. Landlords are required by law to provide essential services, including adequate heat and hot water, and to maintain safe conditions in and around residential buildings. 

“Even during the harshest winter storms, tenants have the right to safe and livable homes,” said Attorney General James. “Landlords are legally required to provide heat and hot water and to ensure that common areas and building entrances are safe and accessible. 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.” 

Heat Requirements

During the heating season, which runs from October 1 through May 31, building owners must provide heat under the following conditions: 

• Between 6 a.m. and 10 p.m., if the outside temperature falls below 55 degrees Fahrenheit, the inside temperature must be at least 68 degrees Fahrenheit. 
• Between 10 p.m. and 6 a.m., the inside temperature must be at least 62 degrees Fahrenheit, regardless of the outside temperature. 

Hot Water Requirements

Tenants are entitled to hot water 365 days a year at a constant minimum temperature of 120 degrees Fahrenheit. Tenants without appropriate heat or hot water should first notify their landlord. If the landlord does not respond or fails to address the issue, tenants may file a complaint: 

• In New York City, by contacting the Department of Housing Preservation and Development (HPD) by calling 311, TTY (212) 504-4115, or filing a complaint online through 311. 
• Outside of New York City, by contacting their local code enforcement office in their town or county.

Rent regulated tenants may also be eligible for a rent reduction if essential services are not provided. New Yorkers who believe they may be eligible for a reduction can file a complaint with New York State Homes and Community Renewal. 

Snow and Ice Removal Responsibilities

Property owners are also responsible for clearing snow and ice from sidewalks, steps, and other entrances and exits to ensure safe passage. In New York City, property owners must clear at least a four-foot-wide path on sidewalks in front of their buildings. If snow or ice has frozen over, salt, sand, or a similar material must be spread to prevent slipping. Snow must be cleared within the following timeframes: 

• If snowfall ends between 7 a.m. and 4:59 p.m., sidewalks must be cleared within four hours. 
• If snowfall ends between 5 p.m. and 8:59 p.m., sidewalks must be cleared within 14 hours. 
• If snowfall ends between 9 p.m. and 6:59 a.m., sidewalks must be cleared by 11 a.m.

Tenants are generally only responsible for snow removal if they have exclusive control of the property or have specifically agreed in their lease or another written agreement to take on that responsibility. 

Attorney General James encourages tenants experiencing unsafe or unlawful conditions to document issues, notify their landlord in writing, and contact the appropriate local agency if the problem is not resolved. The Office of the Attorney General (OAG) remains committed to protecting tenants’ rights and ensuring that New Yorkers are safe during severe winter weather. Anyone who feels that their rights have been violated can file a complaint with OAG online or by calling 1-800-771-7755.