Do NYC Landlords Have to Pay for Heat?

NYC landlords must ensure minimum temperatures are maintained during Heat Season — but whether they pay the heating utility bill or pass that cost to tenants depends on the lease. What's non-negotiable is that the heating system must work and legal minimums must be met, regardless of who pays the bill.

• Heat included in rent (most common in pre-war buildings): landlord covers fuel and is directly liable for maintaining 68°F minimums
• Tenant pays heat separately: landlord must still maintain the heating system — a broken boiler is a landlord repair obligation, not the tenant's
• Rent-stabilized tenants: if a landlord removes heat services that were previously included in rent, tenants can file a "reduction in services" complaint with DHCR for a rent reduction
• No lease clause can opt a landlord out of Heat Season temperature requirements — these are city law, not contract terms
• File a 311 complaint if heat is inadequate; check for existing HPD violations at 311tracker.com

For more on what legally happens when heat fails, read our HPD heat complaint guide.