Clarkstown, N.Y., Code of Ordinances ch. 157 (eCode360 ed. 2026) § 157-27
Heating
Operative Text
A. General requirements. (1) Residential buildings intended for occupancy between September 15 and May 31 of the following year shall be provided with heating equipment designed to maintain a temperature of not less than 68° F. at a distance of three feet above the floor near the center of the room and two feet inward from the center of each exterior wall in habitable spaces, kitchenettes, bathrooms and toilet rooms. The capability of the heating equipment to maintain such indoor temperature shall be based on the average of the recorded annual minimum outside temperatures for the locality. (2) In multiple dwellings, adequate heat shall be provided to maintain the indoor temperature in habitable spaces, kitchenettes, bathrooms and toilet rooms at 68° F. from 6:00 a.m. to 11:00 p.m. when the outside temperature falls below 55° F. B. Smoke control. Fuel-burning heat-producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust, particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person. C. Warm-air heating. Ducts and other air-handling equipment used for heating shall conform to the requirements of such equipment used for ventilating purposes. D. Prohibited locations for heat-producing equipment. Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms. E. Fuel supply connection. Fuel-burning equipment shall be permanently fastened and connected in place. Fuel supply connection to such equipment shall be made with pipe or tubing of solid metal. F. Installation and clearance. Where heat-producing equipment is installed on or adjacent to combustible materials, the location, insulation, clearance and the control of the equipment shall be such that the temperature on the surface of the combustible materials will not exceed a safe temperature. G. Air supply. (1) Direct-fired heat-producing equipment and the enclosure in which it is located shall be provided with a supply of air adequate both for complete combustion at the rated gross output of the equipment and for the ventilation of the enclosure to prevent accumulation of heat. (2) Rooms containing fuel-burning equipment shall have such air supply provided by means of one or more openings to the exterior or by means of fixed openings to interior spaces which open to the exterior. H. Removal of products of combustion. (1) Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or flues and shall not be connected to gas vents. Unvented heaters burning liquid fuel shall be prohibited. (2) Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed shall be connected to a suitable chimney, flue or gas vent. (3) Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent when the discharge of products of combustion into the space where the equipment is installed would be a hazard. I. Safety devices. (1) Equipment capable of developing hazardous pressures or temperatures shall be provided with means to relieve safely such pressures and temperatures. (2) Controls for the safe operation of automatically operated heat-producing equipment shall be provided to function as follows: (a) When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off. (b) When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate. (c) When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off. (d) When failure or interruption of a pilot light or main burner of liquefied petroleum gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off. J. Heating of garages. Fuel-burning equipment for garages servicing multiple dwellings shall be located in heater rooms, except that equipment burning gas or liquid fuel, located in the vehicle storage space, shall be permitted in stories at or above grade where elevated so as not to be exposed to possible accumulation of flammable gases.
Section 157-27 of Clarkstown's Code of Ordinances establishes comprehensive heating standards for residential buildings. From September 15 through May 31, all covered buildings must be equipped to maintain at least 68°F in habitable rooms, kitchenettes, bathrooms, and toilet rooms, measured at specific reference points. In multiple dwellings, that 68°F threshold must be actively maintained between 6:00 a.m. and 11:00 p.m. whenever outdoor temperatures drop below 55°F. The provision also governs fuel-burning equipment installation, combustion air supply, venting of combustion byproducts, safety controls, and the placement of heating equipment in garages.
Plain English — not legal advice.
Operators of residential properties in Clarkstown should ensure that heating systems are sized and maintained to meet the temperature benchmarks set out in ch. 157 § 157-27 throughout the heating season. In multiple dwellings, this means actively supplying heat to reach 68°F during the prescribed daily window whenever outdoor conditions trigger the requirement. Compliant operators also keep fuel-burning equipment properly vented, cleared from combustible materials, equipped with required safety controls, and never install fuel-burning water heaters in sleeping rooms, bathrooms, or toilet rooms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in multiple dwellings in Clarkstown have a right under ch. 157 § 157-27 to heat that maintains 68°F in habitable spaces, kitchenettes, bathrooms, and toilet rooms from 6:00 a.m. to 11:00 p.m. during cold-weather periods. If a landlord fails to provide adequate heat as required, tenants may document the deficiency—such as by recording indoor temperatures and outdoor conditions—and report the violation to Clarkstown's local code enforcement or building department. Tenant-rights organizations can help residents understand available remedies, which may include raising the violation as a defense in housing proceedings or pursuing a formal complaint.
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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