Hempstead Village, N.Y., Code of Ordinances ch. 78 (eCode360 ed. 2026) § 78-12
Minimum provision of heat
Operative Text
A. A person who shall have contracted or undertaken or who is required by law to furnish heat to any dwelling, dwelling unit, multiple dwelling or rooming house shall furnish heat to all habitable rooms, bathrooms, shower rooms and water closet compartments so as to maintain therein a temperature of not less than 68° F. at a distance of 18 inches above floor level and two feet from an outside wall. Such temperatures shall be maintained during the heating season of September 15 through the following May 31. B. Heating facilities inspection procedures for multiple dwellings; responsibility of owners or agents. (1) It shall be the responsibility of the owner or agent of multiple dwellings to provide the Village Tenant Coordinator with a complete written inspection report, which shall be obtained from a recognized heating contractor or engineer. (2) Inspections and reports shall be made not earlier than June 1 nor later than August 31 of each year and sent to the Tenant Coordinator who must be in receipt of the inspections and reports no later than September 1 of each year. (3) Heating facility reports. Each inspection report relating to heating facilities shall indicate whether or not the heating facility is in proper working condition and capable of providing an indoor temperature of 68° F. and hot water to a temperature of 120° F. in each apartment and complies with the regulations and standards applicable to heating systems as prescribed in the New York State Fire Prevention and Building Construction Code. C. In the event that any provision of Subsection A shall not be complied with by an owner or agent of a multiple dwelling or rooming house by reason of lack of fuel, the Board of Trustees herewith finds and determines that such failure shall constitute a public emergency, affecting the life, health and welfare of the tenants thereof, and the Building Department shall be authorized to purchase heating fuel and have the same immediately delivered to the multiple dwelling or rooming house. The cost of such emergency fuel delivery shall be borne by the owner. Should the owner fail to pay for the delivery of the emergency fuel ordered by the Building Department pursuant to the authority set forth in this subsection, said costs shall be added to the current taxes of the owner of record.
Hempstead Village Code ch. 78 § 78-12 establishes that anyone obligated to supply heat to a dwelling must keep all habitable rooms, bathrooms, and toilet compartments at a minimum of 68°F—measured 18 inches above the floor and two feet from an outside wall—throughout the heating season running from September 15 to May 31. Owners of multiple dwellings must also submit an annual heating-system inspection report from a qualified contractor or engineer to the Village Tenant Coordinator by September 1 each year, confirming the system can deliver 68°F indoor temperatures and 120°F hot water. If an owner fails to provide heat due to a lack of fuel, the Village's Building Department is authorized to purchase and deliver emergency fuel, with the cost charged back to the owner and, if unpaid, added to the owner's property tax bill.
Plain English — not legal advice.
Under Hempstead Village Code ch. 78 § 78-12, compliant operators of multiple dwellings arrange for a licensed heating contractor or engineer to inspect their heating systems between June 1 and August 31 each year and ensure the written report reaches the Village Tenant Coordinator no later than September 1. Throughout the September 15–May 31 heating season, operators maintain all habitable spaces at or above 68°F at the prescribed measurement points and keep hot water at a minimum of 120°F. Owners should be aware that a fuel shortage does not excuse a heat failure under this section—the Building Department can step in, purchase fuel, and recover those costs through the owner's tax assessment if the bill goes unpaid.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 78-12 of the Hempstead Village Code gives tenants the right to a minimum indoor temperature of 68°F in all habitable rooms, bathrooms, and toilet compartments from September 15 through May 31 each year. If heat falls below that threshold, tenants may contact the Village Building Department, which has authority under this provision to declare a public emergency and arrange emergency fuel delivery at the owner's expense. Tenants experiencing heat issues may also consider reaching out to the Village Tenant Coordinator—who receives the annual heating inspection reports required by § 78-12—or consulting a local tenant-rights organization to understand available remedies.
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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