New York Attorney General Letitia James has issued a reminder to tenants across the state about their rights as winter weather brings freezing temperatures, snow, and ice. Landlords are legally required to provide essential services such as adequate heat and hot water, and to maintain safe conditions in 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.”
According to state law, from October 1 through May 31, building owners must provide heat when outside temperatures fall below 55 degrees Fahrenheit between 6 a.m. and 10 p.m., keeping indoor temperatures at least 68 degrees Fahrenheit. Between 10 p.m. and 6 a.m., indoor temperatures must be at least 62 degrees Fahrenheit regardless of outdoor conditions.
Tenants are also entitled to hot water year-round at a minimum temperature of 120 degrees Fahrenheit. If tenants lack appropriate heat or hot water, they should first notify their landlord. If there is no response or resolution, complaints can be filed with local authorities—such as the Department of Housing Preservation and Development (HPD) in New York City by calling 311 or online through 311—or with local code enforcement offices outside the city.
Rent regulated tenants may qualify for rent reductions if essential services are not provided; complaints can be submitted to New York State Homes and Community Renewal.
Property owners must also clear snow and ice from sidewalks, steps, and entrances for safety. In New York City, this includes maintaining at least a four-foot-wide path on sidewalks in front of buildings. Salt or sand should be used if surfaces freeze over. The time allowed for clearing depends on when snowfall ends: within four hours if it ends between 7 a.m. and 4:59 p.m.; within fourteen hours if it ends between 5 p.m. and 8:59 p.m.; by 11 a.m. if it ends between 9 p.m. and 6:59 a.m.
Generally, tenants only have responsibility for snow removal if they have exclusive control of the property or have agreed in writing—such as in their lease—to take on that duty.
Attorney General James encourages tenants facing unsafe or unlawful conditions to document issues, notify landlords in writing, and contact local agencies if problems persist. The Office of the Attorney General (OAG) continues its commitment to protecting tenant rights during severe winter weather events.
Anyone who believes their rights have been violated can file a complaint with OAG online or by calling 1-800-771-7755.
The New York Attorney General’s office operates as a public law enforcement agency serving communities throughout the state via regional offices https://ag.ny.gov/. It promotes social justice through civil rights enforcement, consumer advocacy, fraud investigations, charities oversight, tenant dispute mediation https://ag.ny.gov/, protects public safety https://ag.ny.gov/, defends civil rights https://ag.ny.gov/, upholds consumer protections https://ag.ny.gov/, preserves the environment https://ag.ny.gov/, and is led by Letitia James https://ag.ny.gov/.
