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