For tenants
NYC apartment violations. What happens after you call 311.
A complaint isn't a violation until an HPD inspector writes one. Here's the path from your call to a fixed apartment, and what to do when it stalls.
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Heat season · Oct 1 – May 31
The line your landlord can't go under
inside, when it's below 55°F outside
inside, whatever the outside temperature
Heat season · Oct 1 – May 31
Heat and hot water violations are Class C with no correction period.
From complaint to violation
- You complain. 311 by phone, app or web. HPD gets the complaint and usually calls the landlord too.
- HPD inspects. An inspector comes to the apartment. If nobody can let them in, the complaint often closes with no violation. Make sure someone is home or reschedule.
- The inspector writes a violation if the condition is there. It gets a class (A, B or C), an order number and a deadline. From then on it's on the building's public record, and you can look up HPD violations by address to see its class and status.
- The landlord corrects and certifies. They have 90 days, 30 days, or 24 hours depending on class, then certify the repair to HPD.
- You can dispute the certification. If the landlord certifies a repair that wasn't made, tell HPD. False certification carries penalties.
Heat and hot water: the rules in numbers
| Rule | |
|---|---|
| Heat season | October 1 – May 31 |
| Daytime (6am–10pm) | At least 68°F inside when it's below 55°F outside |
| Overnight (10pm–6am) | At least 62°F inside, whatever the outside temperature |
| Hot water | At least 120°F, 365 days a year |
Heat and hot water violations are Class C with no correction period. Heat and hot water make up 1.6 million of the city's 311 complaints, more than any other housing issue. In the 2025–26 heat season alone (October 1 to May 31), HPD logged 340,196 heat and hot water complaints, 68% of the 498,220 complaints it received.
Source: NYC Open Data, Housing Maintenance Code Complaints and Problems (ygpa-z7cr), complaints received October 1, 2025 to May 31, 2026, counted October 23, 2026.
No heat? What to do when the landlord isn't providing it
- Tell the landlord or super first. HPD says that's the easiest way to get it fixed.
- File a 311 complaint by phone, on 311 Online or in the 311 app. You can file anonymously. If you do, the inspector picks an apartment in the building at random.
- HPD contacts the owner and may call you to ask whether the heat is back. If it isn't, or HPD can't reach you, it sends an inspector.
- The inspector checks the temperature. A daytime heat violation can only be written when the outside temperature the inspector records is below 55°F. Overnight, 62°F inside is required regardless.
- If the owner still doesn't fix it, HPD's Emergency Repair Program can hire a contractor to restore heat and hot water and bill the owner.
- Go to Housing Court. An HP action asks a judge to order the repair. You don't need a lawyer to start one at the Housing Court clerk's office. HPD can also take the owner to court itself; the Litigation tab on HPD Online shows any open heat case.
On who pays: HPD's rule is that building owners are legally required to provide heat and hot water. If you're struggling with heating costs, call 311 and ask about HRA's HEAP emergency heating assistance, which is given once per heating season to those who qualify.
HPD complaints: how to file one, check it and close it
- Filing. HPD complaints go through 311: phone, 311 Online or the 311 app.
- Your complaint number. 311 gives you a Service Request number. Use it on 311 Online, or in the app if you filed there, to check the status.
- Complaint history. HPD Online lists complaints for any building, and every HPD complaint is published on NYC Open Data (dataset ygpa-z7cr).
- Closing a complaint. When HPD calls back, tell them if it's fixed and they close the complaint. If it isn't, say so. That's what gets an inspector sent.
- After a violation. You'll get notice in the mail if the owner certifies the repair. If the repair wasn't made, challenge the certification and HPD reinspects.
Problems that get Class C
Based on what HPD actually wrote this fall: roaches and mice, no hot water, broken self-closing doors, and no access to the heating system. Lead paint in an apartment where a child under 6 lives, and broken window guards, are also Class C. Missing smoke and CO detectors are Class B (30 days). Details on the classes page.
When the landlord doesn't fix it
- HP action. Ask Housing Court to order repairs. You can file without a lawyer, and HPD's records back you up.
- Rent-impairing violations. Some violations, if left open six months, let tenants stop paying rent for the period after that through a court process. See MDL 302-a rent-impairing violations.
- Organize. If the whole building has the same problem, a tenant association and a group HP action carry more weight.
Last checked against nyc.gov/hpd: October 23, 2026 (Heat and Hot Water, Report a Maintenance Issue, Housing Court).
Common questions
Apartment violations: tenant questions
Short answers first. Still stuck? Call (347) 201-2336 and a person picks up.
What are the NYC landlord heat laws?
From October 1 to May 31, NYC landlords must keep apartments at least 68°F between 6am and 10pm whenever it's below 55°F outside, and at least 62°F between 10pm and 6am no matter the outside temperature. Hot water must be at least 120°F all year. Heat and hot water violations are Class C with no correction period, and penalties run $350 to $1,250 a day.
What do I do if my landlord isn't providing heat?
Tell the landlord or super first, and if the heat isn't restored, file a complaint with 311 by phone, on 311 Online or in the 311 app; you can stay anonymous. HPD contacts the owner, may call you back, and sends an inspector if the heat is still off. If the owner ignores the resulting violation, HPD's Emergency Repair Program can restore heat and bill the owner.
Can I sue my landlord for no heat in NYC?
Yes. A tenant can start an HP action in Housing Court to make the owner repair conditions and provide essential services like heat and hot water, and you don't need a lawyer to start one: go to the Clerk's Office at your borough's Housing Court. HPD violations on record are your evidence. Housing Court Answers (212-962-4795) explains the process for free.
Does my landlord have to pay for heat in NYC?
Building owners are legally required to provide heat and hot water to their tenants, so heat can't be withheld during heat season, whatever the lease says about rent. HPD's guidance doesn't cover apartments where the lease makes the tenant pay a separately metered heating bill, so check your lease. If you can't afford heating costs, call 311 and ask about HRA's HEAP emergency heating assistance.
How do I file an HPD complaint?
File it with 311: call 311, go to 311 Online or use the 311 app, and the complaint goes to HPD. Tell the landlord or super first if you can, give a specific location ("bathroom ceiling, apt 4C"), and say whether someone can let the inspector in. You can file anonymously, though for heat complaints the inspector then picks an apartment at random.
How do I check my HPD complaint status or number?
Your complaint number is the Service Request number 311 gives you when you file: enter it on 311 Online, or in the 311 app if you filed there, to see the status, or look the building up on HPD Online, which lists its complaints. For any building's full complaint history, HPD publishes every complaint on NYC Open Data.
How do I close an HPD complaint?
Tell HPD the problem is fixed when it calls you back about the complaint, and HPD closes it. If it isn't fixed, say so, because that's what gets an inspector sent. Once an inspector writes a violation, the violation is what counts. It stays open until the owner certifies the repair, and you'll get notice of that certification in the mail.
What if the landlord ignores the violation?
File an HP action in Housing Court asking for an order to make the repairs. It doesn't require a lawyer, and the HPD violations on record are your evidence. For immediately hazardous conditions, HPD's Emergency Repair Program may also do the work and bill the owner. Tenant groups like Met Council on Housing ((212) 979-0611) can help.
Can my landlord retaliate for calling 311?
New York law prohibits retaliation against tenants for good-faith complaints to a government agency. If it happens, talk to a tenant attorney or legal aid organization, and keep copies of your 311 Service Request numbers and any messages from the landlord.
Will the violation show up if I look up my building before signing a lease?
Yes. Search the address above. Lots of open Class C violations, or the same heat violation every winter, tells you how the building is run.