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What is the heater law in New Jersey

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In New Jersey, regulations governing heating requirements in residential properties are designed to ensure tenant comfort and safety during colder months. These laws specify the responsibilities of landlords in providing adequate heat and outline the minimum temperature standards that must be maintained within rental units.
Heating Season and Temperature Requirements
According to the New Jersey Administrative Code § 5:10-14.4, the designated heating season spans from October 1 to May 15 each year. During this period, landlords are obligated to maintain indoor temperatures in residential units as follows:

• Between 6:00 A.M. and 11:00 P.M.: A minimum temperature of 68 degrees Fahrenheit must be maintained.
• Between 11:00 P.M. and 6:00 A.M.: A minimum temperature of 65 degrees Fahrenheit is required.

These standards are established to ensure that all habitable rooms within a dwelling are kept at comfortable temperatures throughout the day and night during the heating season.

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Landlord Responsibilities
Landlords are responsible for supplying the necessary fuel or energy and for maintaining the heating system in good operating condition to meet the required temperature standards. This obligation persists regardless of any contractual agreements that might attempt to transfer this responsibility to tenants or third parties. However, an exception exists if a tenant agrees in writing to supply heat to their own unit, provided that the unit has its own exclusive heating equipment with a separately computable and billable heat source.


Exceptions to Landlord Liability
Landlords are not held responsible for heat loss and subsequent drops in interior temperature resulting from actions by tenants, such as leaving windows or doors open to the exterior. This provision acknowledges that tenant behavior can impact indoor temperatures and absolves landlords from liability in such scenarios.


Space Heater Regulations
The use of space heaters in rental properties is subject to specific regulations to ensure safety:

• Vented Heaters: Every space heater, except electrical ones, must be properly vented to a chimney or duct leading outdoors.
• Unvented Portable Heaters: The use of unvented portable space heaters that burn solid, liquid, or gaseous fuels is strictly prohibited.

These regulations are designed to prevent hazards associated with improper heating devices, such as carbon monoxide poisoning and fire risks.

Enforcement and Complaint Procedures
Tenants who experience inadequate heating should first notify their landlord or property manager to address the issue. If the problem persists, tenants can file a complaint with the Bureau of Housing Inspection's Housing Code Enforcement. For multiple dwellings, such as apartments, hotels, or condominiums, tenants can contact the bureau at 609-633-6216 or via email at [email protected]. For rooming and boarding complaints, the appropriate contact number is 609-984-1704.

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Additionally, some municipalities have established local hotlines for residents to report heating issues:

• East Orange: Department of Code Enforcement at 973-266-5320.
• Jersey City: 24-hour hotline at 201-547-4900.
• Newark: 24-hour hotline at 973-733-6471.
• Orange Township: From Friday at 5 p.m. through Monday at 8 a.m., contact Khalfani Alleyne (973-296-8419), Lonnie Saunders (973-706-4203), Paul Inman (973-592-5425), or Elroy Corbitt (973-706-4053). During other times, call the Code Enforcement office at 973-266-4051.
• Paterson: Hotline at 973-321-1277.

These local resources provide tenants with accessible avenues to seek assistance when facing heating deficiencies in their residences.
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Tenant Remedies for Lack of Heat
When a landlord fails to maintain the property in a habitable condition, including providing adequate heat, tenants have several potential remedies:

1. Repair and Deduct: Tenants may repair vital deficiencies themselves and deduct the cost from their rent. This remedy applies to essential facilities necessary for habitability, such as heating systems.
2. Constructive Eviction: If a landlord's neglect renders the premises uninhabitable, tenants may choose to vacate the property without penalty, effectively terminating the lease due to the landlord's failure to maintain habitable conditions.
3. Rent Abatement or Withholding: Tenants may seek a reduction in rent or withhold a portion of the rent until the landlord addresses the heating issue.

Before pursuing these remedies, tenants should ensure that:

• The deficiency pertains to a vital facility necessary for habitability.
• The tenant did not cause the condition.
• The landlord was notified of the issue and given adequate time to fix it. Written notice sent via certified mail with a return receipt is advisable.

These steps help establish a clear record of the issue and the tenant's efforts to resolve it through proper channels.

Local Ordinances and Variations
While the state sets minimum heating requirements, local municipalities may have additional ordinances that impose stricter standards. For example, the Township of Bloomfield requires that every dwelling have heating facilities capable of maintaining a temperature of at least 70 degrees Fahrenheit when the outside temperature is 0 degrees Fahrenheit. Landlords are obligated to supply the necessary fuel or energy and maintain the heating system in good operating condition to meet these requirements.

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