During the heating season, only heat and hot water complaints are inspected. Upon an inspector's report of emergency conditions, the Emergency Service Bureau attempts to reach the owner or the building agent to tell them to make the necessary repairs within a specified time. However, there is no documented record of landlord compliance because reinspections are not routinely made. Confirmation that the work has been done is usually determined by oral or written responses that the bureau requests from tenants. Uncooperative landlords who do not wish to be billed for emergency repairs by HPD, may deny access to the building or repair site to HPD workers or the hired contractor.
Records indicate that very few access warrants are requested or issued.
HPD may legally bill the owner for emergency repairs and, if payment is not forthcoming, place a lien on the building. Tenants are also reminded that the Multiple Dwelling Law Section 302 allows tenants, whose landlord is responsible for heating but has failed to purchase fuel oil, to contract and pay for fuel delivery and deduct such payment from their rent. The tenants must make reasonable efforts to contact the landlord about the lack of fuel oil and then order from the usual supplier or another established supplier. In a building using natural gas heating, pursuant to Public Services Law Section 116, tenants may use the landlords account or establish a new one with the public utility company and pay the heating bill. Such payments are deductible from future rents.