Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-21
Heating of dwellings
Operative Text
A. Every dwelling unit and rooming house shall have heating facilities which shall be properly installed and maintained in good working order and shall safely and adequately heat all habitable rooms, bathrooms, shower rooms and water closet compartments. The use of unvented flame space heaters and space heaters without back-draft diverters and automatic controls is prohibited. B. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitory or guest rooms on terms, either expressed or implied, is required to furnish heat to the occupants thereof shall supply heat as required by the New York State Property Maintenance Code. C. Where fuel rationing is imposed, or an energy crisis or an emergency exists, the Superintendent of Buildings is authorized to grant a general variance or exemption from the provisions of this section and the chapter and to take such action as he deems necessary or appropriate under the circumstances in the interest of public health, for the period of the fuel rationing, energy crisis or emergency. D. Noncompliance. (1) When there are repeated instances during a heating season of noncompliance with the provisions of Subsection B of this section in a multiple dwelling, the Superintendent may order and direct that a prompt inspection of the heating system be made by a qualified heating engineer at the expense of the owner or operator, or both. A copy of the inspection report with the recommendations of the engineer shall be filed with the Department of Buildings not later than 10 days following the date of the Superintendent's order. (2) The Superintendent of Buildings shall take such action and make such order as he shall deem necessary or desirable to implement the report and recommendations of the engineer. Nothing contained in this Subsection D shall limit or abridge in any way any duties or powers of the Superintendent imposed upon him or given to him by law, or operate in any respect as a waiver of the responsibility of the owner or operator, or both, to comply with the provisions of this section. E. Portable heating equipment. Portable heating equipment employing a flame and heating equipment using gasoline or kerosene do not meet the standards of this chapter and are prohibited. F. Hot water. Every lavatory sink, bathroom shower and/or tub and kitchen sink shall be capable of providing water at the tap with a minimum temperature of 120° F.
Freeport, N.Y., Code of Ordinances ch. 128 § 128-21 requires that every dwelling unit and rooming house maintain heating facilities in good working order capable of adequately heating all habitable rooms, bathrooms, and water closet compartments. Certain types of heaters — including unvented flame space heaters and portable flame-based or gasoline/kerosene equipment — are expressly prohibited. The rule also mandates that hot water be available at taps in lavatories, bathrooms, and kitchen sinks at a minimum temperature of 120°F, and it gives the Superintendent of Buildings authority to order professional heating-system inspections when repeated violations occur in a multiple dwelling.
Plain English — not legal advice.
Operators subject to § 128-21 of Freeport's Code of Ordinances generally keep all heating equipment properly installed, maintained, and capable of meeting the heat-supply standards set by the New York State Property Maintenance Code. Compliant operators avoid the use of unvented flame space heaters, portable flame heaters, and any equipment burning gasoline or kerosene, and they ensure hot water at covered fixtures reaches at least 120°F. Repeated heating failures in a multiple dwelling can trigger a Superintendent-ordered inspection by a qualified heating engineer, the cost of which falls on the owner or operator.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 128-21 of Freeport's Code of Ordinances, tenants have a right to adequately heated habitable spaces and hot water at a minimum of 120°F at covered fixtures. If heat or hot water is not being provided as required, tenants may consider documenting the conditions and filing a complaint with the Freeport Department of Buildings, which has authority to inspect and order corrective action. Tenant-rights organizations familiar with New York housing law can help explain how a landlord's noncompliance with § 128-21 might be raised as a defense or basis for relief in a housing 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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