I was in the same situation earlier in the season. I found out a neighbor didn't get heat and WE complained to the management office. Supers tend to pay more attention the management office than residents. So, find out if any of your neighbors above, below or next to you (depending your the route).

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If you live in a co-op you can also take Corporation to housing court as the relationship of a Co-op to its shareholders is that of a landlord-tenant. In that instance, owners can file very cheaply at their borough's housing court against the corporation for lack of heat and a Board Member and counsel have to appear in court. It is best to register your complaints to 311 and have an inspector come out and take temperature readings so that a violation is issued. Good luck. It is the faster route to take when your Board and managing agent fail to remedy the problem,

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Last month we rented an upscale Manhattan condo, through a reputable real estate firm.
The realtors repeatedly reassured us that heat was included in the pricey rent.
Now the owner has informed us that there is only one small baseboard unit that is provided with the rent; the remaining 2 bedrooms, kitchen, dining living areas are controlled by individual thermostats, providing forced air heat. The owner said the hear through this HVAC system will be billed directly to us by Con Ed,
I have emails from the realtors which clearly state that the heat is included in the rent. I would never have rented a high floor corner apartment with floor to ceiling windows, had I known that I would bear the cost of heat.
Do I have recourse?
Thanks.

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Are you responsible for the radiators or is the building? (check your purchase agreement, if the rad is not considered common property, then you are responsible). If you are responsible (or even if you are not) I would suggest you call a heating company to inspect the radiator - it could be malfunctioning. If you are responsible, then you would pay for any repair. If you are not responsible for the rads, I would still get it repaired (if that what it needs), pay the bill, and then submit it for reimbursement.
Or, if the building is responsible, you can file a complaint with the City:
http://www1.nyc.gov/site/hpd/renters/complaints-and-inspections.page

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Hi,

Do you have steam heat or hot water? And if Steam, do you have two pipe or single pipe steam heat?

I would suggest making sure the valve that connects the convector to the pipes in the floor or wall is full open (for steam, it should never be partially closed anyway). Then, check the air valve on the convector. It should hiss to let the air out when the steam is rising and shut when hot. If it does not hiss, either your airvalve is busted and needs replacing or your convector is not getting any steam.

If hot water, then the valve in your unit needs to be bled too.

I hope these suggestions work :)

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HabitatReporter here with a response from Eric Goidel, Esq., of Borah Goldstein Altschuler Nahins, & Goidel, P.C.:


"Unfortunately, if building personnel are unable to provide a permanent solution to the radiator problem, your only real remedies are to file a complaint with the City of New York Department of Housing Preservation & Development and if then unresolved possibly pursue a personal civil action.

New York City heat laws require that when the outside temperature falls below 55°F, between the hours of 6 a.m. and 10 p.m., a landlord must provide sufficient heat to maintain apartments at a minimum of 68°F. Between the hours of 10 p.m. and 6 a.m. where the outside temperature falls below 40°F, heat must be provided such that an apartment has a minimum temperature of 55°F. A call to the City’s 311 line will eventually result in an inspector coming to your unit and taking thermometer readings. If the readings are not in compliance with law, a violation will be issued to the Board of Managers. Fines are significant and can quickly mount up. Unfortunately, in a condominium setting, a unit owner does not have the same ability to withhold their common charges as might a shareholder in a cooperative who could withhold maintenance. The failure to furnish heat would be a defense in a cooperative to a nonpayment proceeding. As there is no lease for a condominium unit and thus, no landlord-tenant relationship, the only ability that a unit owner has to obtain personal redress is to commence an action against the board of managers for damages. Damages however will seldom ever exceed the common charges owed for the period of time when the unit was without heat. Add to this the legal fees which the unit owner would incur and it often makes such an action economically impractical."

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Excellent answer...& it illustrates another way in which condo owners lack important protections afforded to both co-op owners [because they're technically tenants] AND apartment renters.

With an ombudsman in place, condo residents wouldn't be faced with high costs & long delays to litigate for this basic human need. Shareholders & renters without heat can call 311 & get prompt action, with a violation letter usually bringing a quick remedy. The ombudsman would work in similar fashion, with similar results.

Condo owners concerned with attaining rights equal to those of other apartment residents should write to their state senator & assemblymember in support of the Ombudsman Bill, S. 395.

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