HabitatReporter here with a response from Eric Goidel, Esq., of Borah Goldstein Altschuler Nahins, & Goidel, P.C.:


"Unfortunately, if building personnel are unable to provide a permanent solution to the radiator problem, your only real remedies are to file a complaint with the City of New York Department of Housing Preservation & Development and if then unresolved possibly pursue a personal civil action.

New York City heat laws require that when the outside temperature falls below 55°F, between the hours of 6 a.m. and 10 p.m., a landlord must provide sufficient heat to maintain apartments at a minimum of 68°F. Between the hours of 10 p.m. and 6 a.m. where the outside temperature falls below 40°F, heat must be provided such that an apartment has a minimum temperature of 55°F. A call to the City’s 311 line will eventually result in an inspector coming to your unit and taking thermometer readings. If the readings are not in compliance with law, a violation will be issued to the Board of Managers. Fines are significant and can quickly mount up. Unfortunately, in a condominium setting, a unit owner does not have the same ability to withhold their common charges as might a shareholder in a cooperative who could withhold maintenance. The failure to furnish heat would be a defense in a cooperative to a nonpayment proceeding. As there is no lease for a condominium unit and thus, no landlord-tenant relationship, the only ability that a unit owner has to obtain personal redress is to commence an action against the board of managers for damages. Damages however will seldom ever exceed the common charges owed for the period of time when the unit was without heat. Add to this the legal fees which the unit owner would incur and it often makes such an action economically impractical."