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a. Gas-fueled or electric space or water heaters, where permitted by this article as an alternative to a central supply of heat or hot water, shall be governed by the provisions of this section.
b. The capacity, number and location of such heaters shall be such as to furnish the same standard of heat or hot water supply, as the case may be, as is required to be furnished from a central heat or hot water system.
c. Electric heaters shall be approved by Underwriters Laboratories, Inc. and shall comply with applicable provisions of the building code and the multiple dwelling law.
d. Gas-fueled heaters shall comply with article nine of this subchapter and with applicable provisions of the building code and the multiple dwelling law, but any such heater lawfully in existence on July fourteenth, nineteen hundred sixty-seven which does not comply with subdivision b of section 27-2034 of article nine of this subchapter shall comply with such section by July fourteenth, nineteen hundred seventy-eight. No person shall cause or permit to be occupied for sleeping purposes any room containing such a non-complying heater. Any heater installed in replacement of any such non-complying heater shall comply with all provisions of article nine of this subchapter.
e. The owner shall not, unless otherwise agreed between owner and tenant, be required to pay for the gas or electricity used by such heaters.
f. Notwithstanding any provision of prior law, it shall be the duty of the owner to keep each such heater in good repair and good operating condition, regardless of the identity of the person originally owning or installing the heater.
g. The owner shall instruct each successive tenant of an apartment in which such heaters are installed as to safe and proper method of using and operating such heaters.
h. The department may make and enforce regulations supplementary to the provisions of this section and article nine of this subchapter to secure an adequate supply of heat and hot water and to protect the health and safety of tenants.
a. The owner of every multiple dwelling shall have the area, where the building's heating system is located, readily accessible to members of the department to make inspection pursuant to this chapter. In the event such area is kept under lock, a key shall be kept on the premises at all times with such person as the owner shall designate; however, if there is a person residing on the premises who performs janitorial services, such person shall hold the key. The owner shall post a notice in a form approved by the department naming such designated person and his or her location.
b. Multiple dwellings owned and operated by the New York city housing authority shall be exempt from the requirements of this section.
a. Definitions. As used in this section, the following terms have the following meanings:
Heat season. The term "heat season" means the period from October 1 through May 31.
Internet capable temperature reporting device. The term "internet capable temperature reporting device" means a device that is capable of measuring the indoor air temperature not less than once per hour and recording such temperature, along with the date and time of such reading, for a period of time not less than the immediately preceding 90 days. Such device must be capable of making such information available through an ordinary internet connection or through other means when no such connection is present. Such information must be accessible to property owners and any tenant of the unit in which such device is placed.
b. 1. No later than July 1, 2024, and every year thereafter, the department shall select 50 class A multiple dwellings that shall be subject to the requirements of this subdivision. The department shall select such class A multiple dwellings pursuant to criteria set forth in rules of the department, which shall include, but need not be limited to: (i) the number of violations of subdivision a of section 27-2029 over the preceding two years, and (ii) whether the department has received heat complaints from more than one dwelling unit in such class A multiple dwelling.
2. Annually, for the duration of heat season, the department shall conduct inspections of each class A multiple dwelling selected pursuant to this subdivision at least twice each month, without receipt of complaints, for compliance with the requirements of this section, section 27-2028 and subdivision a of section 27-2029, consistent with applicable law and in accordance with rules of the department. In the course of such inspections, the department shall also inspect to ensure the device is installed in accordance with subparagraph (b) of paragraph 3 of this subdivision. The department may discontinue such inspections in such class A multiple dwelling, provided that there are no open violations of paragraph 3 of this subdivision as of January 31 in such heat season and no violations of section 27-2028 or subdivision a of section 27-2029 were issued since October 1 of such heat season. The department may by rule provide for a fee for any inspection conducted after January 31 for the remainder of such heat season.
3. For a period of no more than four years, beginning on the date a class A multiple dwelling was last selected pursuant to this subdivision, the owner of each such class A multiple dwelling shall:
(a) Notify all tenants, at a time and manner described in rules promulgated by the department, regarding the requirements of this section, including installation of such devices, instructions on how to access the information collected by such devices, the tenant's right of refusal, and the tenant’s right to request that such device be installed in a living room of the tenant’s choice within the dwelling in accordance with subparagraph (b) of this paragraph;
(b) Provide and install one internet capable temperature reporting device in one living room of the tenant’s choice in each dwelling unit, except where a tenant has refused such device pursuant to paragraph 7 of this subdivision, in such class A multiple dwelling by October 1 of the year in which such class A multiple dwelling was selected pursuant to this subdivision;
(c) Replace any such device that was stolen, removed, found missing or rendered inoperable during a prior occupancy of the dwelling unit and was not replaced prior to the commencement of the current occupancy of such dwelling unit for the time period that the multiple dwelling is subject to the requirements of this section;
(d) Replace such device within 30 days after the receipt of written notice provided by the tenant of the dwelling unit where such device is located that such device has become inoperable due to a defect in the manufacture or installation of such device and through no fault of the tenant for the time period that the multiple dwelling is subject to the requirements of this section;
(e) Maintain such records as the commissioner shall prescribe by rule relating to the installation and maintenance of such internet capable temperature reporting devices and collection of heat data from such devices, and make such records available to the commissioner upon request, consistent with applicable law and in accordance with rules of the department;
(f) Submit to the department, at least once during each 30 day period during the heat season for the time period that the multiple dwelling is subject to the requirements of this section, data collected from the internet capable temperature reporting devices installed in such multiple dwelling pursuant to this section, provided the tenant has not opted out of installation of such internet capable temperature reporting device pursuant to paragraph 7 of this subdivision;
(g) Maintain a record of reasonable efforts, in accordance with procedures prescribed by rule of the department, to gain access to a tenant's dwelling unit to install an internet capable temperature reporting device where the owner has been unable to gain such access and such tenant has not refused the installation of such device pursuant to paragraph 7 of this subdivision; and
(h) Maintain a written record of the number of each dwelling unit for which the tenant has refused installation of an internet capable temperature reporting device pursuant to paragraph 7 of this subdivision for not less than one year after such owner is no longer subject to the provisions of this section.
4. Upon selection of a multiple dwelling pursuant to paragraph 1 of this subdivision, the department shall post a notice in each of the designated citywide languages in section 23-1101 in a prominent place of such multiple dwelling, notifying tenants of the requirements of this section, a tenant’s option to refuse the installation of such device in their dwelling unit, the requirement of twice monthly inspections by the department, and a tenant’s option to call 311 to file a complaint relating to inadequate heat and to check the department’s website for the issuance of heat violations. The department shall monitor that such notice is posted throughout the time period that such multiple dwelling is subject to inspection by the department pursuant to paragraph 2 of this subdivision.
5. The tenant of each dwelling unit in a class A multiple dwelling in which an internet capable temperature reporting device has been provided and installed by the owner pursuant to this section shall:
(a) Keep and maintain such device in good repair; and
(b) Replace any such device that is stolen, removed, found missing or rendered inoperable during such tenant's occupancy of such dwelling unit, except that the owner may make such replacement and charge such tenant a maximum of $50 for the cost of each such replacement.
6. The owner may not charge the tenant of a dwelling unit for the acquisition or installation of an internet capable temperature reporting device, nor for the replacement of such device where the replacement is due to wear or malfunction or pursuant to subparagraph (c) or subparagraph (d) of paragraph 3 of this subdivision, except as provided in subparagraph (b) of paragraph 5 of this subdivision.
7. A tenant of a dwelling unit in a class A multiple dwelling selected pursuant to this subdivision shall have the option to refuse an internet capable temperature reporting device installed in such tenant's dwelling unit. The owner of such class A multiple dwelling shall receive from the tenant written confirmation of the tenant's decision to opt out of such installation.
8. An owner of a class A multiple dwelling who is required to install an internet capable temperature reporting device pursuant to this section may apply to the department for discharge from such obligation in less than four years as follows:
(a) A class A multiple dwelling shall be discharged from the requirements of this section at the end of the heat season, provided that the owner of such multiple dwelling has (i) complied with the requirements of this section to install and, as appropriate, replace an internet capable temperature reporting device in each dwelling unit, (ii) not been issued a notice of violation of section 27-2028 or subdivision a of section 27-2029 during such heat season, (iii) supplied all requested records required to be maintained pursuant to subparagraphs e, f and g of paragraph 3 of this subdivision for the preceding heat season, and (iv) is currently registered with the department in accordance with section 27-2097.
(b) An owner of a multiple dwelling selected pursuant to this subdivision who has not complied with the requirements of paragraph 3 of this subdivision but is otherwise eligible for discharge pursuant to subparagraph (a) of this paragraph may be discharged from the requirements of this section upon payment of a penalty of $500 as the department shall provide by rule for each violation of this section.
c. On or before August 1 of each year, and annually thereafter, the department shall submit to the mayor and the speaker of the council a report containing, at a minimum:
1. Information about the implementation of the requirements of this section;
2. A list of the class A multiple dwellings selected in the most recent selection cycle pursuant to subdivision b of this section;
3. The number of heat complaints from each of the two immediately preceding heat seasons associated with each class A multiple dwelling on such list;
6. An evaluation of information that was collected from internet capable temperature reporting devices installed pursuant to this section;
7. The number of complaints received and violations issued during the period of time that the internet capable temperature reporting device was installed pursuant to this section;
8. For the report due August 1, 2024, the report shall include the information required by paragraphs 2 and 7 of this subdivision, provided that information required by paragraphs 1, 3, 4, 5 and 6 of this subdivision shall be included to the extent available to the department; and
9. For the report due August 1, 2025, a recommendation based on the information required by paragraph 6 of this subdivision as to whether the requirements of this section should remain in effect.
d. Failure to install an internet capable temperature reporting device pursuant to paragraph 3 of subdivision b of this section may result in a hazardous violation.
(L.L. 2020/018, 1/19/2020, eff. 6/1/2020; Am. L.L. 2023/070, 6/11/2023, eff. 12/8/2023)
Article 9: Gas Appliances
a. Any gas-fueled space or water heater used in any dwelling unit, in addition to the provisions of section 27-2032 of article eight of this subchapter, shall comply with the provisions of this section and with the regulations of the department.
b. No person shall install or maintain in any dwelling unit a gas fuel-fired space or water heater unless the heater obtains combustion air directly from the outside of the building. In the alternative, a gas fuel-fired water heater that does not obtain its combustion air directly from the outside of the building may be installed, provided that such installation is in compliance with the conditions of subdivision i of section P107.26 of reference standard RS-16 of the building code.
c. No person shall install or maintain a gas-fueled water heater in a room occupied for sleeping purposes, or cause or permit to be occupied for sleeping purposes any room in which a gas-fueled heater is installed.
d. No person shall install or maintain in any dwelling unit a gas-fueled water heater so designed and arranged that it heats water in pipe coils placed at a distance from the hot water storage tank.
e. Every gas fuel-fired space or water heater shall be (i) currently listed by an independent laboratory acceptable to the commissioner of buildings, (ii) approved by the department of buildings and (iii) approved by the department of health and mental hygiene. All accessories or control devices for use with such heaters shall have proof of such listing.
f. Each heater shall be equipped with an effective device which will automatically shut off the gas supply to the heater if its pilot light or other constantly burning flame is extinguished, or in the event of an interruption of the gas supply to the heater, and will not permit the heater to be relighted unless such shut-off device is first reset manually.
g. Each heater shall be rigidly connected to the gas piping supplying gas in the premises.
h. Each heater shall be connected to a flue or outlet pipe conforming to the provisions of the building code. No heater shall be vented to an inner court. A flue or outlet pipe may be extended to an inner court if the flue or pipe is connected with an outside chimney which conforms with the provisions of the building code.
a. It shall be unlawful to install or furnish for use or to use, operate, or permit to be used or operated in a dwelling any gas-fired refrigerator:
(1) Which utilizes a water-cooled gas-fired refrigerator unit; or
(2) Which is not equipped with a flue and flue components wholly composed of a non-metallic material or of molybdenum stainless steel or aluminum; or
(3) Which is not equipped with a fixed mounted dust incinerating type of gas burner, gas pressure regulator, gas supply filter, and thermostat; or
(4) Which does not have a properly operating automatic regulating or safety device of a type installed or specified by the manufacturer, or which has a clogged flue, or an improperly operating burner, or which gives off excessive heat or odors or discharges carbon monoxide or is otherwise defective.
b. Inspectors or other duly authorized representatives of the department may seal any refrigerator which is in violation of this section. Any refrigerator so sealed shall not be installed, used, or operated without the written permission of the department.
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