Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-131
Heat
Operative Text
A. Every owner or operator of a building who permits to be occupied any dwelling unit or rooming unit therein under an agreement, expressed or implied, to supply or furnish heat to the occupants thereof shall supply heat adequate to maintain therein, from September 15 to May 15 of the following year, a minimum inside temperature of sixty-five degrees Fahrenheit (65º F.), based on outside design temperature in all habitable rooms, bathrooms, shower rooms and toilet rooms or compartments, between the hours of 6:00 a.m. and 10:00 p.m., and not less than sixty degrees (60º) between the hours of 10:00 p.m. and 6:00 a.m. B. Temperature requirements shall be measured thirty-six (36) inches from the floor at approximately the center of the room. C. The provisions of this section shall not apply where the failure to maintain minimum requirements is caused by a general shortage of fuel, negligent or malicious act of the occupant, necessary repairs or alterations or any cause beyond the control of the owner or occupant such as might be mandated or recommended by the Westchester County Department of Health in an emergency crises. D. Heating facilities, if such are under the occupant's control, shall be operated in order to maintain above-freezing temperatures, at all times, in all parts of the residential building, dwelling unit or rooming unit that is occupied, so as to prevent injury or damage to water pipes and plumbing.
Section 54-131 of Pelham's Code of Ordinances establishes minimum indoor heating standards for rental dwelling and rooming units where the owner or operator has agreed to provide heat. From September 15 through May 15, habitable rooms, bathrooms, and toilet rooms must reach at least 65°F between 6:00 a.m. and 10:00 p.m., and at least 60°F overnight. Temperature is measured 36 inches from the floor near the center of the room. Exceptions exist for fuel shortages, occupant misconduct, necessary repairs, or emergencies directed by the Westchester County Department of Health, and where heating is under the occupant's own control, the occupant bears responsibility for preventing freezing damage.
Plain English — not legal advice.
Under § 54-131, property owners and operators who have agreed—expressly or implicitly—to supply heat are generally expected to maintain documented heating systems capable of meeting the 65°F daytime and 60°F nighttime minimums throughout the heating season (September 15 to May 15). Compliant operators typically keep maintenance records, respond promptly to heating complaints, and ensure that all habitable rooms, bathrooms, and toilet rooms meet the temperature thresholds measured 36 inches from the floor at the room's center. Where heating controls are in the occupant's hands, operators generally communicate to tenants their obligation under § 54-131(D) to keep temperatures above freezing to protect plumbing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 54-131 gives tenants in Pelham the right to adequate heat—at least 65°F during daytime hours and 60°F overnight—in all habitable rooms, bathrooms, and toilet rooms from mid-September through mid-May, where the landlord has agreed to provide heat. If temperatures fall below these thresholds (measured 36 inches from the floor near the room's center), tenants may have grounds to raise a violation of § 54-131 when addressing the issue with their landlord, local code enforcement, or a tenant-rights organization. Tenants experiencing persistent heating failures may wish to document conditions with dated temperature readings and explore complaint options through local municipal code enforcement or a housing advocacy resource.
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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