Heat Sensors Program

Heat is required under New York City law to be provided between October 1^st and May 31^st. Local Law 18 of 2020, as amended by Local Law 70 of 2023 (Administrative Code §27-2033.1), mandates that before July 1, 2024, and annually thereafter, the Department of Housing Preservation and Development (HPD) select 50 class A multiple dwellings which consistently fail to provide adequate heat, as indicated primarily by the issuance of multiple heat violations and to require that the owners of these selected buildings install internet capable temperature reporting devices (“heat sensors”) in each dwelling unit of the selected buildings. Heat sensors measure indoor air temperature and record such temperature, along with the date and time of such reading.

Buildings in the Heat Sensors Program (HSP) are subject to four basic requirements:

Installation of heat sensors.
Reporting to HPD where sensors have been installed or where tenants have opted out.
Reporting heat sensor readings to HPD.
Additional inspections conducted by HPD. HPD will conduct proactive heat compliance inspections from October 1^stthrough January 31^st at least twice each month in selected buildings. Following January 31^st of each year, proactive inspections will continue only at Heat Sensor Program buildings that have been issued a violation for inadequate heat, and/or have open heat sensor violations from the current heat season.

Failure by the owner to install the sensors and meet the other requirements of the program may result in the issuance of a hazardous violation. Additional costs associated with non-compliance with providing heat and with the HSP requirements include: civil penalties, inspection fees and fees for failing to provide documentation required by the HSP.

Selection and Notification

Class A multiple dwellings are selected based on the number of heat violations issued over the preceding two years, and whether the department has received heat-related complaints from more than one dwelling unit.

HPD notifies owners and managing agents of selected buildings, providing information about owners’ responsibilities regarding the program and instructions for discharge from the program.

HPD also posts a Heat Sensor Program Notice to Tenants in selected buildings providing details about the program in 10 languages. The posting provides information including:

The building has been selected for installation of heat sensors.
The requirements of the law including installation of heat sensors.
The instructions on how to access the information collected by heat sensors.
The tenant’s right of refusal of installation of a heat sensor in his or her unit.

Requirements

Owners are required to:

Provide notice to each tenant about the requirements of the program including installation of devices, instructions for accessing information collected by devices, the tenant’s right of refusal, and the tenant’s right to request that the device be installed in a living room of the tenant’s choice.
Provide and install one heat sensor in one living room of the tenant’s choice in each dwelling unit by October 1st of the year in which HPD provides notification of selection for the program.
Replace any such sensor 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.
Replace such sensor within 30 days after the receipt of written notice provided by the tenant of the dwelling unit where such sensor is located that it has become inoperable due to a defect in the manufacture or installation of the sensor and through no fault of the tenant.
Maintain records relating to the installation and maintenance of the heat sensors, and heat data collected from the sensors.
Submit heat data records to HPD for each month of the heat season. It is recommended that records be transmitted to HPD by the 15^th of the month for the immediately preceding month. (i.e.: October’s sensor report should be submitted by November 15^th)
Maintain a record of reasonable efforts to gain access to a tenant’s dwelling unit to install a heat sensor where the owner has been unable to gain such access and such tenant has not refused the installation of the sensor in writing. These records must be submitted to HPD.
Maintain a written record identifying each dwelling unit for which the tenant has refused installation of a heat sensor. Records must be kept for not less than one year after such owner is no longer subject to the provisions of the law. These records must be submitted to HPD.
These requirements continue for four years (the duration of participation in the program unless a building is discharged from the program sooner).

Owners may not charge the tenant of a dwelling unit for the acquisition or installation of a heat sensor, nor for the replacement of such sensor where the replacement is due to wear or malfunction.

Tenants of each dwelling unit in a class A multiple dwelling in which a heat sensor was installed by the owner must:

Keep and maintain the heat sensor in good repair.
Replace any heat sensor 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.

Tenants of a dwelling unit in a class A multiple dwelling selected for installation of heat sensors have the option to request that the device be installed in a living room of their choice within the dwelling, as well as the option to refuse installation of a heat sensor in their dwelling unit. Tenants must provide the owner written confirmation of their decision to opt out of such installation. The written confirmation from the tenant (Opt-out form) must be submitted to HPD by the building owner/manager.

Violations and Penalties

Violations will be issued, and civil penalties may be sought for failure to:

Install the heat sensors
Comply with the notice requirements regarding the heat sensors
Properly maintain the heat sensor
Maintain records regarding the heat sensors
Provide records of the heat sensor temperature reading upon demand from HPD

Civil Penalties

The amount of civil penalties that HPD may seek are outlined below.

CLASS B violations (hazardous) Issued BEFORE December 8, 2023: $25-$100 each, plus $10 per violation per day.
Class B violations (hazardous) Issued ON/AFTER December 8, 2023: $75-$500 each, plus $25-$125 per day.

Heat violations: Issued BEFORE December 8, 2023
- $250-$500 dollars per day for each violation from and including the date the notice is posted at the building until the date the violation is corrected.
- $500-$1,000 per day for any subsequent violation at the same building.
- For an Illegal Device found on a central heating system, there will be a daily penalty of $25 (from the date of violation posting until the illegal device is removed) or $1,000, whichever is more.
Heat violations: Issued ON/AFTER December 8, 2023
- $350 - $1,250 dollars per day for each violation from and including the date the notice is posted at the building until the date the violation is corrected.
- $500-$1,500 per day for any subsequent violation at the same building.
- For an Illegal Device found on a central heating system, there will be a daily penalty of $50 (from the date of violation posting until the illegal device is removed) or $2,000, whichever is more.

Inspection Fees

An owner of a multiple dwelling selected for installation of Internet Capable Temperature Reporting Devices shall be subject to a fee of $200 for each inspection conducted after January 31^st for the remainder of such heat season for any year that such multiple dwelling is enrolled in the heat sensor program.

HPD may also impose an Inspection Fee of $200 if a third or subsequent complaint inspection within a heat season results in a third or subsequent heat violation and if a third or subsequent inspection within a calendar year results in a third or subsequent hot water violation.

Fees for the Resolution of Heat Sensor Program Violations

A fee of $500 per unresolved violation will be required to be paid if a violation issued pursuant to the heat sensor requirement cannot be fulfilled. For example, if a violation was issued for failure to submit monthly reports, the owner can pay the fee for violation dismissal.

Discharge

There are three ways for a building to be discharged from the Heat Season Program.

Owners of buildings which have met the following criteria may apply to HPD for an early discharge from the program:
Installed heat sensors as required, AND
No heat violations were issued in the previous heat season, AND
Supplied all records required to be maintained AND
Building is validly registered with HPD.

(2) Buildings which have not complied with the requirements of the program may be discharged upon payment of a penalty of $500 for each violation.

(3) Buildings that have completed the required four years of participating in the program will be discharged. In this case, although the building is discharged from the program, the heat sensor violations will remain open until such time as the payment of penalty for each violation is received.

A notice confirming the discharge will be sent to the owner by the agency.

List of Buildings Identified

Useful Links

Heat Sensor Program: Notice for Tenants is also avaiable in additional languages: