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Re: Heating issue in rental apartment question
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Home away from home
 
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2006/4/18 0:04 Last Login : 2021/10/2 19:00 From Jersey Cxxx
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From the main page of http://www.cityofjerseycity.com/ : It provides updated info and phone numbers. The current chilly economic climate is no excuse for your landlord or boss not to turn up the thermostat and keep the hot water running. Don?t let them talk you into turning on the oven for warmth or using electric heaters as more than a temporary measure. Both are extremely unsafe and should not be used for heating. According to the Local Heat Ordinance, unless there is a written agreement to the contrary, all dwellings of two or more families and places of employment must keep the temperature at not less than 70˚ F between the hours of 6 a.m. to 11 p.m. From 11 p.m. to 6 a.m., heat must be supplied at 65˚ F or above in both resi- dences and regular places of employ- ment. The ordinance is in effect every year from October 1st through April 30th, regardless of the temperature outside.?Everyone has the right to be warm and safe, especially in their homes and in the workplace,? said Mayor Jerramiah T. Healy. ?Tenants and employees should know their rights. I urge anyone who be- lieves their boss or landlord is skimping on the heat to contact the Divison of Housing Code Enforcement" Remember ? your landlord cannot turn off your heat at night. If you believe your landlord or employer is in violation of the Heat Ordinance, call 201-547-4825, or 201-547-4821 evenings and weekends. A Dickson Chart Recorder to measure heat can be installed in your apartment or office. Complaints can also be made weekdays at the Housing, Economic Development and Commerce satellite office at the Hub, 360 Martin Luther King Drive, at (201) 200-0677. .
Posted on: 2009/10/17 12:07
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Re: Heating issue in rental apartment question
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Home away from home
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Abby the same who owns abby's pub. He doesn't pay for heat or provide a suitable way to heat the entire apartment.
Posted on: 2009/10/16 18:26
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Re: Heating issue in rental apartment question
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Home away from home
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I know a lot of people don't want to narc on their landlords, but having been in a very similar situation, it's the only way to get your situation fixed and also, it's a good way to validate your no-heat claim if you ever have to take your landlord to court.
I found this great information from DELL 1 on a Newport website. It's from 2004, but I just checked out the no-heat phone number and it's still valid. Check it out: According to the Tenants' Rights guide written by nonprofit organization, Legal Services New Jersey (LSNJ), under New Jersey tenant-landlord laws, by entering into a rental contract, landlords have a duty under the "warrant of habitability" to keep all rental units "safe and decent." Failure to do so can result in inspections and fines. According to LSNJ, it is important to put repair requests in writing and to keep copies to prove that your landlord was notified and given due time to make repairs. If you have taken this course and nothing has been done, you have the right to call in building or health inspectors, use your rent to make repairs or withhold your rent. The legal group warns, however, that if you use your rent to make repairs, receipts must be fully documented and that withholding rent doesn't mean spending rent money on something else. It means refusing to pay rent until repairs are made, but putting the money aside in a separate bank account to be paid after repairs are made. Visit the website at www.lsnj.org, and look up "Chapter 6: Your Guide to Safe and Decent Housing" in the "Tenants' Rights in New Jersey" report found under "Publications" or call the statewide legal hotline at (888) LSNJ-LAW. The local heat ordinance of the Jersey City Municipal Code requires temperatures to be at least 70 degrees in the daytime and at least 65 degrees at night between October 1 and April 3, regardless of the outside temperature, and between May 1 and September 30 whenever the outside temperature falls below 55 degrees. These temperatures are five degrees warmer than state requirements. "We want Jersey City to be warm," said Mark Redfield, assistant director for Housing Code Enforcement in Jersey City. Jersey City tenants who suspect that their apartment is in violation of the local heat ordinance can call Jersey City's 24-hour no-heat hotline at (201) 547-4821 or try the Housing Code offices from 7 a.m. to 5:30 p.m., Monday through Friday, at (201) 547-4825. Have your landlord's contact information on hand so that enforcement officials can issue notifications to make any repairs deemed necessary. "When there isn't heat, 10 to 1 you have other violations of code," said Redfield, who added that city health and fire department officials are sometimes called in to inspect buildings as well. When inspectors determine that an apartment is in violation of the heat ordinance, the landlord has 24 hours to correct the problem. The inspectors then come back to check on the heat after the day-long period is up. If the heat is not back on or if there is no evidence of repairs in progress, inspectors issue a summons to bring the landlord to municipal court. Usually the mention of court motivates negligent landlords to fix the heat, said Redfield. But if that is not enough incentive to get the furnace pumping, the inspectors continue to come back again and again to monitor the situation. "Each time we go back it is another violation. We can ask for daily fees for each day there is no heat," explained Redfield. The minimum fine is $100 per day per apartment. The maximum? A hefty $1,250 per day per apartment. To catch landlords who let thermostats dip well below the minimum - or who even turn the heat off at night - The Housing Code Enforcement inspectors sometimes install Dickson digital chart recorders which monitor the temperature every three hours over a seven-day period. Landlords are usually notified of the chart recorder's presence in their building, said Redfield, and one way or another, the chart recorder gets the heat situation righted again. "I don't want to bring anybody to court," said Redfield, "I just want people to have heat." In Bayonne, heat complaints can be directed to (201) 858-6100; in Hoboken, (201) 420-2375; in Union City, (201) 348-5608; in Weehawken, (201) 319-6054; and in other county municipalities, contact your local health department.
Posted on: 2009/10/16 17:22
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Re: Heating issue in rental apartment question
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Home away from home
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What about if you rent a condo from an individual and you pay your own heat, HOWEVER, the repeatedly malfunctions. We've had this situation 2 years running and our landlord is sluggish to respond. As of now he's "looking into it."
Posted on: 2009/10/16 16:54
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Re: Heating issue in rental apartment question
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Home away from home
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Who are these low life landlords or owners ? OUT THEM.
Posted on: 2009/10/14 14:56
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Re: Heat...
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Quite a regular
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68 degrees during the day, 65 at night (like DowntownSteve said)...
now, this chill has prob caught a few building super / management companies / landlords off guard.... so if you live in an older building someone might need to turn the boiler on in the building (this is not something you do - a super/building guy does it). some buildings keep it manually and totally off during the summer -- then turn it on around in the fall so the thermostat will control the heat in your building. if its a really older building, the thermostat might be in one of the units in your building... might be helpful to ask if that person who has access to it has it set to 72 (they might keep it cranked low). also, if you live in an older building with old radiators/steam heating... remember to bleed your radiators. older building you gotta be a little proactive about certain things. call and bitch (having an elderly person in the building also helps.. they are usually the first to freek out and raise hell about the cold).
Posted on: 2009/10/14 1:47
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Home away from home
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70 day 6a to 11p and 65 at night 11p to 6 a . If converted to condos and you rent, as long as your lease states landlord pays heat he must do so from oct 1st to april 30th.
if you feel a chill at 72 put some socks on.
Posted on: 2009/10/14 1:37
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Re: Heat...
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Home away from home
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Hi
"must give you the amount of heat required by the state codes and the local town or city ordinance." That was your quote. What does this mean if you are a CONDO like I said in my original post. Do the same laws apply? Should the heat still be turned on if I am in an 8 unit condo building (converted from apartments). Chilly here and not liking your unproductive response. What is the LAW here in Jersey City. Thanks FG
Posted on: 2009/10/14 1:21
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Re: Heat...
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Home away from home
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in my apt. they wont turn the heat till oct. 17, i think! i couldnt take it so i got a portable heater.
Posted on: 2009/10/13 23:24
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Just can't stay away
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And it's "lows", not "low's". Shit drives me crazy.
Posted on: 2009/10/13 23:19
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Just can't stay away
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Another "I don't know what Google is" post.
Heat requirements If your lease requires the landlord to provide heat, the landlord must give you the amount of heat required by the state codes and the local town or city ordinance. Under the state housing codes, from October 1 to May 1, the landlord must provide enough heat so that the temperature in the apartment is at least 68 degrees from 6 a.m. to 11 p.m. Between the hours of 11 p.m. and 6 a.m., the temperature in the apartment must be at least 65 degrees. Cite: N.J.A.C. 5:10-14 et seq. and N.J.A.C. 5:28-1.12(m). Local health codes cover parts of the year not covered by housing codes.
Posted on: 2009/10/13 23:18
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Home away from home
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Just wanted to reply, low's tonight according to Accuweather are in the 40-41 degree range.
Thinking the head should kick in when this low? No? FG
Posted on: 2009/10/13 23:02
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Heat...
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Home away from home
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Hello. I know NYC has rules about when the heat must be turned on.
I think its below a certain temperature or a set date. Does JC have any sort of rule on this for condo associations, etc.? It's 6:49 on 10/13 and the temp is now in 54 degrees. Will probably go lower as well. Room temperature is 72 degrees. Getting a chill right now and not pleased. Thanks FG
Posted on: 2009/10/13 22:50
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Re: Heating issue in rental apartment question
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Newbie
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Thanks for all your replies and they encourage me to speak to the landlord. Problem is, the guy has never once returned a phone call to me directly (and is known amongst the tenants and super for never doing so), although once or twice he called me on my home machine when I specifically left him my work number to call me at.
So you can guess he is also known for not being particularly flexible or a nice guy, expect when he feels like turning on the charm. He always turns the heat on 15 days too late and turns it off 15 days too early, I tried reporting it once and someone came over but the followup was too much trouble. Rumor is, once you get on his bad side you'll have lots of trouble. I would presume there is some kind of exemption to the heating laws in the case of installing a heating system to replace a broken down one, but maybe I'll call to see what they say. A fine means nothing to him. Super says he has a friend on the heat board. It can't hurt to try to ask the landlord anyway re: the rent abatement, I'll probably send a certified letter with my check. Thanks to the person who said my half rent for the no heat period seemed reasonable. I'll let you know what happens.
Posted on: 2009/4/15 16:30
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Re: Heating issue in rental apartment question
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Home away from home
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If any women feel cold at night, I'm happy to cuddle you butt-naked in bed. This of course will be a free service !
Posted on: 2009/4/10 22:39
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My humor is for the silent blue collar majority - If my posts offend, slander or you deem inappropriate and seek deletion, contact the webmaster for jurisdiction.
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Re: Heating issue in rental apartment question
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Home away from home
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70 degrees, that is sweltering!
And why should the requirements vary between winter and summer? Surely whatever the minimum acceptable temperature is adjudged to be, should apply equally in summer as in winter. Robin.
Posted on: 2009/4/10 21:13
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Re: Heating issue in rental apartment question
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Newbie
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2009/4/10 20:46 Last Login : 2010/8/18 23:46 From Jersey City, N.J.
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The Jersey City Housing Code Enforcement Unit takes this very serious, you can call them at 201 547-4562 and make a complaint, I'm sure that if you Landlord ownes 10 other buildings, they might have a history on him, He can face fines up tp $1250.00 per day that there was no heat. Call that # and ask for Mark Redfield or Director Ed Coleman.
Posted on: 2009/4/10 20:59
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Re: Heating issue in rental apartment question
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Home away from home
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May I suggest in the interim, for your own comfort, boil a large pot of water on your stove. It's amazing how quickly it'll heat the place up. Good Luck.
Posted on: 2009/4/10 16:11
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Re: Heating issue in rental apartment question
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Home away from home
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This is from the Jersey City website:
--------------------------------------------- Question I have no heat or hot water in my apartment. What can I do? Answer Pursuant to Chapter 254-27A(7)(a) of the Municipal Code of Jersey City (Local Heat Ordinance - attached below): When heat is supplied in dwellings of two families or more or in places of employment, and there is no written agreement to the contrary, heat of a temperature not less than 70 degrees (F) must be supplied from 6 AM to 11 PM and 65 degrees (F) from 11 PM to 6 AM in residences and during the regular hours of employment in places of employment. The specified temperatures are required between October 1st and April 30th REGARDLESS OF THE OUTSIDE TEMPERATURE and between May 1st and September 30th WHENEVER THE OUTSIDE TEMPERATURE FALLS BELOW 55 DEGREES. Your landlord cannot turn off your heat at night. The law does allow the heat to be lowered to 65 degrees between the hours of 11 PM and 6 AM. If you feel that the heat is not adequate, call Division of Housing Code Enforcement at (201) 547-4825 and speak to a Supervisor. A Dickson Chart Recorder (a device used to measure the heat during the night) can be installed in your apartment. If your landlord is not complying, you may file a complaint with the Division of Housing Code Enforcement's 24 hour emergency heat hotline at (201) 547-4821 or enter a complaint online. You may also send an e-mail message to housingcode@jcnj.org Link
Posted on: 2009/4/10 15:43
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Re: Heating issue in rental apartment question
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Home away from home
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There's a cut-off date for turning the heat on and turning it off.
What does your lease say? If it explicitly says your landlord provides heat, and the heat has been not fixed for extended periods of time, I'd say you have a right to withhold some rent, especially since you were not able to use your apartment. Have you spoken directly with the landlord? Or only with the super? If the super isn't communicating effectively or doing his job in a timely fashion, the landlord should know that. On the other hand, if the super is using the landlord as a buffer and just not addressing the issue appropriately, they need to know that's not going to work anymore. I would withhold some reasonable amount, calmly. I think your suggestion of half the rent, pro-rated for the days you had no heat is good. Maybe subtract 2-3 days from that for reasonable delay. It sounds like it's gone beyond that so it would be a few dollars for sure, enough to make an impression. Also, your super and/or landlord MAY NOT enter your apartment without your approval UNLESS either they give you 24 hours' notice or it is a (real) emergency. So stand your ground on that one.
Posted on: 2009/4/10 15:38
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Re: Heating issue in rental apartment question
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Quite a regular
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Long story short. When I first moved to JC the heat broke in my apt. It took a long time for my landlord to get to it and I held back a months rent (he had no problem with it). Eventually I moved out and my friends took over the place knowing that the heat had problems in the past. It eventually kicked the bucket and they sent a certified letter saying they were not going to pay rent until it was fixed. Well, they lived there for free until they moved out. Apparently, your landlord can be fined every day that he does not provide heat. Jersey favors tenants more so than the landlord. Google around the internets for some info. I would track down some sites for you but I'm at work and need to use my internet time wisely (on Dlisted, TMZ, Digg and other mindless sites).
good luck
Posted on: 2009/4/10 15:01
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Re: Heating issue in rental apartment question
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Home away from home
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This has some good info:
http://www.lsnjlaw.org/english/placei ... housing/trchsix/#6repairs "Heat requirements If your lease requires the landlord to provide heat, the landlord must give you the amount of heat required by the state codes and the local town or city ordinance. Under the state housing codes, from October 1 to May 1, the landlord must provide enough heat so that the temperature in the apartment is at least 68 degrees from 6 a.m. to 11 p.m. Between the hours of 11 p.m. and 6 a.m., the temperature in the apartment must be at least 65 degrees. Cite: N.J.A.C. 5:10-14 et seq. and N.J.A.C. 5:28-1.12(m). Local health codes cover parts of the year not covered by housing codes. The housing inspector or board of health in your town enforces the heat requirements in the state and local codes. Larger cities have special no-heat hotlines that are set up especially to handle complaints. The inspector can file a complaint in court on your behalf, or you can file your own complaint. The landlord must then appear in court and explain why he or she is not providing heat. The court can impose stiff penalties, including fines or jail sentences." The thing about this case, if it really does break down yearly, he really could be using the last breakdown as an excuse for putting in a better system. I would contact a tenants' rights group. And if you want to play hardball, say you're going to call the health and building inspectors if you can't take some rent off. I would suggest talking to, if nothing else, a legal professional for advice.
Posted on: 2009/4/10 14:58
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Heating issue in rental apartment question
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Newbie
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OK. The boiler broke in my 4-unit building where I rent a floor. The boiler was getting patched up each year and we had some days without heat every winter. Finally it broke for good last weekend. "Coincidentally," my landlord who owns 10 or so buildings has been replacing the steam heat in 4 of them with hot water heat this spring. So maybe it wasn't that the boiler really finally blew, but rather that he has decided to change the heating systems in his buildings generally. According to my super the landlord is upset about the money he has to spend, but whatever.
Bottom line, I've had no heat for exactly one week so far, and they tell me that although they are working today, Good Friday, that the heat won't be working til next week, and that I shouldn't worry since it will be warmer soon anyway. So I think my building will be without heat for 10-12 days or so. I'm here tonight because I needed to come home, but I've been staying at a friend's house for much of the time. I can't keep staying there forever though. Any experienced thoughts on what my recourses are with my landlord? I think that I would propose that I pay half my rent only prorated for the time the heat has been out. In other words, if the heat's out for 12 days, I should figure out what portion of my rent equals 12 days and divide that in half, and pay the rest of the month's rent in full. I think that's a generous proposal on my part, since I can't even stay here in the apartment I pay to rent, yet I admit I do store all my stuff here so I guess I should pay something, right? It doesn't seem to make sense to hire a lawyer to negotiate this since what I'd pay the lawyer would at least equal what I would save in rent. So do I have any automatic recourse in this situation? I was told by my super Saturday or so that I would have heat on Tuesday. It's Friday now and again, I'm told no heat til next week. My landlord is not the type of guy who seems particularly open to negotiations or proposals of the kind I am suggesting. That is my problem. If I suggested to him I should pay half rent for these 10-12 days, I'm pretty sure he would disagree and that he would probably file a court filing if I paid less than the full amount due. Suggestions, experiences? Just to vent, I called my super twice last night to ask if they would be working here today, and no reply. Yet they show up and my super pounding on my door saying he doesn't have time to discuss, they're coming in and that's that. Overall drag. I would've made plans to get out of here in advance if I just had a few hours notice, but no luck.
Posted on: 2009/4/10 14:37
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