What are the heating of apartment laws?

Posted: Tuesday, December 27, 2011

Apartments are mandated to meet heating requirements between October 1 & May 1.

·Heating regulations only apply to residential uses, not commercial or industrial.·Heating regulations apply to any building or portion thereof, occupied dwelling units, as a home or place of residency of one (1) or more persons.·The maintenance of the following temperatures are required:

·At least 68º Fahrenheit (ºF) required between 6:00 a.m. and 11:00 p.m. when the outside temperature falls below 55º F.·At least 55º Fahrenheit (ºF) required between 11:01 p.m. and 5:59 a.m. when the outside temperature falls below 40º F.

·Before the Clifton Health Department becomes involved, the law requires that the complaining tenant(s) notify the landlord (preferably in writing) of the problem and allow a reasonable amount of time to achieve compliance.

-12 Hours if outside temperature is 33º F. to 55º F.·4 Hours if outside temperature is 32º F. or below.

·If the complaint is not rectified at this point, it is suggested that an affidavit be signed by the tenant(s) to this effect.

·If the lack of heat is found to be caused by tenant negligence, the investigative report will be made available to the owner by subpoena and no action will be taken by the City to restore heat.

·If a signed lease exists designating responsibility for supplying fuel and/or maintaining heating equipment, then the terms of that agreement will be adhered to.

·If the lack of heat is due to the need for mechanical repair or lack of fuel, or both, then the regulations set forth in municipal ordinance Chapter 269 will be followed.

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