N.Y. Multiple Dwelling Law § 79: Heating

§ 79. Heating. 1. Every multiple dwelling exceeding two stories in

height and erected after April eighteenth, nineteen hundred twenty-nine,

and every garden-type maisonette dwelling project erected after April

eighteenth, nineteen hundred fifty-four, shall be provided with heat. On

and after November first, nineteen hundred fifty-nine, every multiple

dwelling shall be provided with heat or the equipment or facilities

therefor. During the months between October first and May thirty-first,

such heat and the equipment or facilities shall be sufficient to

maintain the minimum temperatures required by local law, ordinance, rule

or regulation, in all portions of the dwelling used or occupied for

living purposes provided, however, that such minimum temperatures shall

be as follows: (a) sixty-eight degrees Fahrenheit during the hours

between six o'clock in the morning and ten o'clock in the evening,

whenever the outdoor temperature falls below fifty-five degrees

Fahrenheit, notwithstanding the provisions of paragraph a of subdivision

four of section three of this chapter, and (b) at least fifty-five

degrees Fahrenheit during the hours between ten o'clock in the evening

and six o'clock in the morning, whenever the outdoor temperature falls

below forty degrees Fahrenheit. Nothing in this section shall be deemed

to relieve any owner of the duty of providing centrally supplied or

other approved source of heat prior to November first, nineteen hundred

fifty-nine in any case where such heat is required by this chapter or

any other law, ordinance, rule or regulation to be supplied in a

dwelling prior to said date. The heating system in dwellings used for

single room occupancy shall be in conformity with the requirements of

section two hundred forty-eight.

2. The provisions of subdivision one shall not apply to any dwelling

(a) which is located in a resort community and is rented or occupied on

a seasonal basis between April fifteenth and October fourteenth during

any calendar year and is not occupied for living purposes during the

remainder of such year, except that occupancy of any such dwelling by

the family of a caretaker thereof or by the family of the owner thereof

during the remainder of the year shall be permitted; or (b) which the

department of city planning certifies is in an area to be acquired for a

public improvement or for development or redevelopment and for which (1)

a request for acquisition has been submitted to the mayor by a public

agency or (2) a plan for a development or redevelopment project has

received preliminary or first approval of the city planning commission;

or (c) for which a demolition permit has been or shall be issued by the

municipality pursuant to local law or ordinance.

3. The exemption provided in subdivisions two (b) and two (c) of this

section shall be valid for a period of six months after the date of the

approval of the slum clearance or urban renewal plan or the date of such

certification or the date of the issuance of the demolition permit, as

the case may be, but such exemption may be extended from time to time by

the department provided, however, that such exemption shall not extend

beyond November first, nineteen hundred sixty-one.