Amherst, N.Y., Code of Ordinances ch. 151 (eCode360 ed. 2026) § 151-77
Heating facilities
Operative Text
A. Facilities required. Heating facilities shall be provided in structures as required by this section. B. Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F. in all habitable rooms, bathrooms and toilet rooms. C. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from the 15th day of September to the 31st day of May of the following year to maintain a temperature of not less than 68° F. in all habitable rooms, bathrooms and toilet rooms. D. Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from the 15th day of September to the 31st day of May of the following year to maintain a temperature of not less than 68° F. during the period the spaces are occupied. Exceptions: (1) Processing, storage and operation areas that require cooling or special temperature conditions. (2) Areas in which persons are primarily engaged in vigorous physical activities. E. Room temperature measurement. The required room temperatures shall be measured three feet above the floor and two feet and more inward from the center of each exterior wall.
Amherst, N.Y., Code of Ordinances ch. 151 § 151-77 establishes minimum heating standards for residential and occupiable spaces. Dwellings must have heating systems capable of reaching at least 68°F in all habitable rooms, bathrooms, and toilet rooms, and owners who agree to provide heat must maintain that temperature from September 15 through May 31 each year. Compliance is measured at a specific point—three feet above the floor and at least two feet inward from the center of each exterior wall—rather than at the wall or floor itself.
Plain English — not legal advice.
Under ch. 151 § 151-77, compliant residential property owners and operators ensure that heating equipment is installed and maintained with sufficient capacity to reach 68°F throughout the heating season, which runs from September 15 to May 31. Operators who have agreed—expressly or implicitly—to supply heat to tenants are expected to monitor and maintain that threshold in all habitable rooms, bathrooms, and toilet rooms during that period. Documenting equipment maintenance, thermostat calibration, and any service calls can help demonstrate ongoing compliance with the measurement standards set out in the provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 151-77 of the Amherst Code gives occupants of rental dwellings a right to heat of at least 68°F in habitable rooms, bathrooms, and toilet rooms from September 15 through May 31, provided the landlord has agreed to furnish heat. If a unit is not being maintained at that temperature, tenants may consider documenting conditions—including measurements taken at the standard reference point described in the provision (three feet above the floor, two feet inward from exterior walls)—and reporting the issue to the appropriate local code enforcement or housing authority. Tenant-rights organizations in New York can help occupants understand the range of options available, including filing a complaint or raising a code violation in a legal proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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