Renters are entitled to working heat. What to do if your heat breaks in the middle of winter.
Landlords have to keep your rental unit warm during the winter. If not, there are ways to resolve it.
Landlords providing proper heating to apartments isn’t just the humane thing to do, it’s the law in Philadelphia.
From Oct. 1 to April 30, landlords must ensure that heating in a rental unit is capable of maintaining a room temperature of 68 degrees, according to Philadelphia’s property maintenance code. This also applies to May and September if temperatures drop below 60 degrees. Despite these protections in Philadelphia, some tenants still go years without consistent heating.
According to a city spokesperson, Philly311 — the city’s official service hotline — receives almost 1,200 complaints about rental heating issues per year.
So, what happens if you find yourself in this situation? Your landlord has to resolve the heating issues otherwise they face code violations, possible legal repercussions or fines depending on how they handle the issue.
Here’s a breakdown of how to report and resolve a rental unit heating issue.
What should I do if my landlord isn’t providing proper heating?
The first thing you should do is talk to your landlord. According to Community Legal Services’ Lauren Davis, an attorney who works on cases involving negligent landlords, if a landlord is responsive and able to fix the issue quickly, then there’s no need for legal action.
However, if not, the next step is to file a complaint with 311. The complaint will automatically be forwarded to the city’s Department of Licenses and Inspections (L&I), and will be treated as an emergency.
The Philly Tenant Hotline suggests getting evidence to provide to 311. Use a thermometer and measure the temperature in the coldest room of the rental unit. Take photos of the thermometer at least twice a day and keep a written record of the date, time and temperature.
Be ready to provide your name, address, evidence of the issue, and your landlord’s name and contact information.
How to file a complaint with 311:
Phone: Call 311
Online: Use this online form. Select “Maintenance Complaint” from the list of available complaint forms.
Mobile app: Download the Philly311 app for Android or iPhone. Submit a new request and select “Maintenance Complaint.”
In-person: Go to Room 167 in City Hall at 1400 John F. Kennedy Blvd., open weekdays from 8 a.m. to 4 p.m.
Can undocumented immigrants report a complaint to 311?
Yes. Philadelphia is a “Welcoming City,” meaning that government officials, like L&I inspectors, are not allowed to ask people about their citizenship status. Additionally: “When responding to complaints, L&I is only focused on compliance with the Philadelphia Building, Zoning, and Property Maintenance Codes.”
What happens after I file a complaint with 311?
L&I should contact you about the complaint and inspect your rental unit within three business days. If they find that the unit doesn’t have proper heating, they will issue your landlord a Notice of Violation (NOV). L&I will require the landlord to fix the heating issue within seven to 10 days or the landlord risks legal action. (Code violations are publicly available using the atlas.phila.gov tool.)
According to Davis, if the landlord complies with L&I, this process shouldn’t take more than a few weeks.
What if my landlord doesn’t resolve the issue?
Upon re-inspection, if a landlord doesn’t comply with L&I, then L&I will pass along your case to the city’s Law Department to take your landlord to court. According to Pew Charitable Trusts, this legal process can take up to 180 days to resolve, on average.
What other resources do I have?
Outside of filing a complaint with 311, you should only take action against your landlord with the help of a housing or legal aid organization, as these options can lead to court. Here’s where you can start:
Philly Tenant Hotline: Call 267-443-2500 on weekdays from 9 a.m. to 7 p.m.
Community Legal Services: 215-981-3700 Tuesday, Thursday, and Friday 9 a.m. to 12 p.m.
Best practice: Inform your landlord in writing of the actions you plan to take to remedy the heating issue and allow them some time to fix the issue before continuing. If they don’t respond or fix the issue, then there are some paths you can take. This includes:
Withholding rent from your landlord until the heating issue is resolved. If they don’t fix the issue, inform your landlord a second time in writing that you will be withholding rent until it’s resolved.
Use your own money to fix the heating and get reimbursed by your landlord or subtract the expenses from a rent payment. If they don’t respond or fix the issue, inform your landlord a second time that repairs will be made and that your rent should be reduced to offset the expense or should be reimbursed by the landlord. Keep in mind, repair costs can’t exceed the total amount of rent owed for the term of your lease (month-to-month or yearly) .
Reminder: Only with help from experts, like experienced lawyers or housing advocates, should you explore the above options.
What if my landlord retaliates against me for filing a complaint?
If your landlord retaliates against you for reporting them to 311, you can file a separate complaint with the Fair Housing Commission. If the commission finds that your landlord acted illegally, they have the power to:
Order a landlord to restore “habitability” to a rental unit, including providing or fixing heat.
Reduce the amount of rent owed to a landlord for the period of time the landlord didn’t fix a repair issue.
Fine a landlord up to $2,000 for each violation of rental practice payable to the City of Philadelphia.
Find more information on filing a Fair Housing Commission complaint on phillytenants.org.
The Philadelphia Inquirer is one of more than 20 news organizations producing Broke in Philly, a collaborative reporting project on solutions to poverty and the city’s push toward economic justice. See all of our reporting at brokeinphilly.org.