On October 1, every residential building in New York City becomes liable for heat — and a single tenant call to 311 can turn into an HPD Class C violation that costs $250 to $500 a day until it is fixed and certified. Do it again the same season and the rate doubles.
Most landlords think the exposure is the boiler repair bill. It isn’t. The exposure is the violation record, the per-day civil penalty, the $250 correction payment, the inspection fees that stack after the second visit, and — if HPD sends its own contractor — a repair charge that lands on the property tax bill and becomes a lien when it goes unpaid.
An HPD heat violation is a Class C immediately hazardous violation issued during NYC heat season, October 1 through May 31, when an apartment falls below 68°F by day or 62°F at night. The owner has 24 hours to correct it, faces $250 to $500 per day for a first violation, and owes a $250 correction payment within 10 days.
At a Glance
- Heat season: October 1 – May 31. Hot water at 120°F is required 365 days a year.
- Daytime (6 AM – 10 PM): 68°F inside when it is below 55°F outside. Night (10 PM – 6 AM): 62°F inside, no outdoor trigger.
- First heat or hot water violation: $250 – $500 per day. Subsequent violation at the same building in the same or next calendar year: $500 – $1,000 per day.
- Correction window: 24 hours from posting. Notice of Correction plus $250 payment within 10 days.
- Third and every later inspection that finds a heat violation in the same season: $200 inspection fee.
- HPD’s Emergency Repair Program can restore heat itself and bill the owner through the Department of Finance — unpaid charges become a tax lien.
- HPD logged 344,437 heat complaints in the 2025–26 season, up from 282,606 the season before.
When does NYC heat season start and what temperatures does HPD require?
NYC heat season runs from October 1 through May 31 every year. During those eight months, an owner of a residential building with tenants must keep every apartment at the temperatures below, and HPD enforces them through tenant complaints and inspections.
| Period | Outdoor trigger | Minimum indoor temperature |
|---|---|---|
| Day — 6:00 AM to 10:00 PM | Below 55°F outside | 68°F |
| Night — 10:00 PM to 6:00 AM | None — applies regardless of outdoor temperature | 62°F |
| Hot water — all year | None | 120°F at the tap, 365 days |
The night rule is the one owners get wrong. Since the 62°F overnight standard has no outdoor trigger, a boiler on a timer that drops the building at midnight on a 60°F October night is still a violation. Hot water is the other trap — it is not a heat-season rule at all. A 110°F tap in July is a Class C violation in July.
What happens after a tenant calls 311 about no heat?
A heat complaint to NYC311 goes to HPD, and HPD attempts to reach the owner or managing agent on file first. If the complaint is not resolved, an HPD inspector visits and takes a temperature reading in the apartment. Any reading below the required minimum produces a Class C immediately hazardous violation, posted on the building’s record the same day.
Two things start running the moment the violation posts. The 24-hour correction clock — and the per-day civil penalty, which HPD can pursue in Housing Court for every day the condition continues. The building’s registration is also checked: an unregistered building cannot certify a correction, so the violation stays open until registration is current.
Repeat complaints change the math. HPD’s 2026 charges and fees schedule imposes a $200 inspection fee for the third and each subsequent inspection at a building that results in a heat violation within the same heat season. A building with a chronic boiler problem pays $200 for every inspection after the second, on top of the penalties.
How much does an HPD heat violation cost in 2026?
HPD’s published heat and hot water rules for the 2025–26 season set the civil penalty for an HPD heat violation at $250 to $500 per day for each initial heat or hot water violation, and $500 to $1,000 per day for each subsequent violation at the same building during the same or the next calendar year. The penalty is per violation, per day — a building with three apartments cited on the same inspection is carrying three penalties.
| Charge | Amount | When it applies |
|---|---|---|
| Civil penalty — first violation | $250 – $500 per day | Each initial heat or hot water violation |
| Civil penalty — subsequent violation | $500 – $1,000 per day | Same building, same or next calendar year |
| Correction payment | $250 | Due within 10 days with the Notice of Correction |
| Inspection fee | $200 per inspection | Third and each later inspection finding a heat violation in the same season |
| Emergency Repair Program charge | Cost of repair plus related fees | Billed by Department of Finance; unpaid balance becomes a tax lien |
The scale of enforcement is not theoretical. HPD reported 344,437 heat complaints for the 2025–26 heat season as of May 31, 2026, up from 282,606 the season before — a 22% increase in one year. Every one of those complaints is a potential inspection, and every inspection that finds a cold apartment is a violation with a daily penalty attached.
What is HPD’s Emergency Repair Program and when does it send its own contractor?
HPD’s Emergency Repair Program (ERP) is the agency’s authority to fix an immediately hazardous condition itself when the owner does not. For heat, HPD’s heat and hot water rules set the trigger: ERP may contract with private companies to restore service and bill the owner for the repairs plus related fees if the indoor temperature was below 64°F between 6 AM and 10 PM, or below 58°F between 10 PM and 6 AM.
The cost is never the going rate. HPD’s contractor charges what HPD’s contractor charges, the City adds its fees, and the total is billed to the property through the NYC Department of Finance. Under HPD’s 2026 charges and fees rules, any HPD repair charge billed by DOF that is past due and unpaid constitutes a tax lien against the property. That lien surfaces in every title search from then on.
Owners reach ERP one of two ways: they cannot be reached when HPD calls, or they are reached and do not act inside the window. Both are avoidable. A managing agent’s phone number that actually gets answered on a Saturday in January is worth more than any boiler warranty.
How do you clear an HPD heat violation once the boiler is fixed?
Fixing the boiler does not clear an HPD heat violation. The violation clears when HPD accepts the owner’s certification that the condition was corrected within the required time. For a Class C heat or hot water violation, HPD’s rule is that the condition must be fixed within 24 hours of the violation posting — the posting date is the inspection date — and the $250 payment must be made within 10 days with the Notice of Correction.
Certification goes through HPD’s eCertification system for registered owners or the paper Notice of Violation form. A certification filed late is not accepted, and the violation stays open on the building record. A certification that is false — the building was not actually warm on the date certified — is its own offense with its own penalties, and HPD does reinspect.
If the certification window has already passed, the path is a dismissal request: HPD reinspects, confirms the condition is corrected, and removes the violation. That is slower, and it does not undo the per-day penalty for the days the violation was open. The full process for open HPD violations of every class is in our guide to HPD violation removal in NYC, and the older step-by-step on how to clear HPD violations still applies.
What should a landlord do before October 1?
Every heat violation All Boro Expediter has cleared traces back to one of five things. Fix them in September and the season is quiet.
- Boiler inspection and filing. A boiler that fails on October 3 is a heat violation and, if the annual DOB inspection was never filed, a boiler violation too. Both are covered in our guides to removing boiler violations in NYC and the boiler non-filer deadlines.
- Timer settings. Set the overnight floor to hold 62°F regardless of outdoor temperature. The night rule has no outdoor trigger.
- Fuel contract. Oil buildings that run dry in a cold snap are the most common ERP referrals. Automatic delivery, not will-call.
- HPD registration. Annual registration was due September 1. An unregistered building cannot certify a correction — the violation cannot close until registration is current.
- Reachable contact. The managing agent on the registration must answer. HPD calls before it inspects; a returned call is often the difference between a complaint closed and a violation posted.
Why do heat violations matter when a building is sold or refinanced?
An open HPD Class C heat violation is an immediately hazardous violation on the property record, and a title company will find it. Lenders treat open Class C violations as a condition of closing. An Emergency Repair Program charge that went unpaid is worse — it is a tax lien, and it has to be satisfied or escrowed before title transfers.
Brokers listing multifamily buildings in the fall should pull the HPD record before the listing goes live, not after the buyer’s attorney does. All Boro Expediter runs pre-closing violation searches and clearance for brokers and title companies across all five boroughs — the details are on our real estate services page, and the broader question of selling with open violations is answered in can you sell a property with open violations in NYC.
Have an open HPD heat violation?
All Boro Expediter has been clearing HPD, DOB, and ECB violations in New York City since 2011. If a heat violation is already on your building’s record — or you have a closing coming and the title search turned one up — contact Valerie Samuel or see the full list of violation removal services. Done fast. Done right.
Frequently Asked Questions
When does heat season start in NYC?
NYC heat season starts October 1 and runs through May 31. During those dates, residential buildings must be kept at 68°F between 6 AM and 10 PM when the outdoor temperature is below 55°F, and at 62°F between 10 PM and 6 AM regardless of the outdoor temperature.
How much is the fine for no heat in NYC?
Under HPD’s 2025–26 heat and hot water rules, the civil penalty is $250 to $500 per day for a first heat or hot water violation and $500 to $1,000 per day for a subsequent violation at the same building in the same or the following calendar year. A $250 payment is also due within 10 days with the Notice of Correction.
Is a heat violation a Class C violation?
Yes. HPD classifies heat and hot water violations as Class C, immediately hazardous. The correction window is 24 hours from the date the violation is posted, which is the same date as the inspection.
What temperature does hot water have to be in NYC?
Hot water must be supplied at a constant minimum of 120°F, 365 days a year. Unlike heat, there is no seasonal window — a hot water violation can be issued in any month.
Can HPD fix the heat and bill the landlord?
Yes. Through the Emergency Repair Program, HPD may hire a private contractor to restore heat if the indoor temperature was below 64°F during the day or 58°F at night, then bill the owner for the repair plus fees through the Department of Finance. If the bill goes unpaid, it becomes a tax lien on the property.
Does an HPD heat violation go away once the boiler is repaired?
No. The violation stays on the building record until the owner certifies the correction to HPD within the required time and HPD accepts it, or until HPD reinspects and dismisses it. The repair alone does not clear the record.
Do heat violations affect a building sale?
An open Class C heat violation appears in the title search and lenders commonly require it cleared before closing. An unpaid Emergency Repair Program charge is a tax lien and must be satisfied or escrowed before title transfers.
