Section 79. Heating  


Latest version.
  • 1.  Every multiple dwelling exceeding two stories in
      height and erected after April eighteenth, nineteen hundred twenty-nine,
      and every garden-type maisonette dwelling project  erected  after  April
      eighteenth, nineteen hundred fifty-four, shall be provided with heat. On
      and  after  November  first, nineteen hundred fifty-nine, every multiple
      dwelling shall be provided with heat  or  the  equipment  or  facilities
      therefor.  During the months between October first and May thirty-first,
      such  heat  and  the  equipment  or  facilities  shall  be sufficient to
      maintain the minimum temperatures required by local law, ordinance, rule
      or regulation, in all portions of the  dwelling  used  or  occupied  for
      living  purposes provided, however, that such minimum temperatures shall
      be as follows:   (a) sixty-eight degrees  Fahrenheit  during  the  hours
      between  six  o'clock  in  the  morning  and ten o'clock in the evening,
      whenever  the  outdoor  temperature  falls  below   fifty-five   degrees
      Fahrenheit, notwithstanding the provisions of paragraph a of subdivision
      four  of  section  three  of  this  chapter, and (b) at least fifty-five
      degrees Fahrenheit during the hours between ten o'clock in  the  evening
      and  six  o'clock in the morning, whenever the outdoor temperature falls
      below forty degrees Fahrenheit. Nothing in this section shall be  deemed
      to  relieve  any  owner  of  the duty of providing centrally supplied or
      other approved source of heat prior to November first, nineteen  hundred
      fifty-nine  in  any  case where such heat is required by this chapter or
      any other law, ordinance,  rule  or  regulation  to  be  supplied  in  a
      dwelling  prior  to  said date. The heating system in dwellings used for
      single room occupancy shall be in conformity with  the  requirements  of
      section two hundred forty-eight.
        2.  The  provisions of subdivision one shall not apply to any dwelling
      (a) which is located in a resort community and is rented or occupied  on
      a  seasonal  basis between April fifteenth and October fourteenth during
      any calendar year and is not occupied for  living  purposes  during  the
      remainder  of  such  year, except that occupancy of any such dwelling by
      the family of a caretaker thereof or by the family of the owner  thereof
      during  the  remainder  of the year shall be permitted; or (b) which the
      department of city planning certifies is in an area to be acquired for a
      public improvement or for development or redevelopment and for which (1)
      a request for acquisition has been submitted to the mayor  by  a  public
      agency  or  (2)  a  plan  for a development or redevelopment project has
      received preliminary or first approval of the city planning  commission;
      or  (c) for which a demolition permit has been or shall be issued by the
      municipality pursuant to local law or ordinance.
        3. The exemption provided in subdivisions two (b) and two (c) of  this
      section  shall be valid for a period of six months after the date of the
      approval of the slum clearance or urban renewal plan or the date of such
      certification or the date of the issuance of the demolition  permit,  as
      the case may be, but such exemption may be extended from time to time by
      the  department  provided, however, that such exemption shall not extend
      beyond November first, nineteen hundred sixty-one.