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In the bustling metropolis of New York City, the importance of essential amenities such as heat and hot water cannot be overstated, especially given the city's often harsh winter conditions. Recognizing this necessity, the State of New York Division of Housing and Community Renewal Office of Rent Administration has put forth a systematic avenue for tenants to report and seek redress for lapses in these vital services through the HHW-1 form. This form serves as a critical tool for New York City tenants experiencing inadequate provision of heat or hot water, aligning with the Housing Maintenance Code that sets forth specific temperature standards from October 1 through May 31. Moreover, state law mandates hot water availability 365 days a year, underscoring the importance of these basic needs. The HHW-1 form entails a comprehensive process, starting with the requirement for tenants to provide a report from a relevant city, municipal, or county agency evidencing the deficiency in heat and/or hot water services. Instructions detail how tenants should meticulously complete and submit this form, alongside required documentation, to the Division of Housing and Community Renewal, thereby initiating the administrative process aimed at rectifying their living conditions. Additionally, the form captures essential information such as tenant and property manager contact details, specifics of the complaint, and a tenant affirmation statement, ensuring a well-documented approach to addressing these critical quality-of-life issues.

New York Hhw 1 Sample

State of New York

Division of Housing and Community Renewal

Office of Rent Administration

Web Site: www.nyshcr.org

Docket Number: For Office Use Only

Failure To Provide Heat And/Or Hot Water - Tenant Application For Rent Reduction

In New York City, the Housing Maintenance Code requires that heat must be provided from October 1 through May 31 as follows:

6 A.M. to 10 P.M.:

When the outside temperature is below 55 degrees Fahrenheit, the inside temperature must be at least 68 degrees Fahrenheit.

10 P.M. to 6 A.M.:

When the outside temperature is below 40 degrees Fahrenheit, the inside temperature must be at least 55 degrees Fahrenheit.

For information when heat must be provided outside New York City, please refer to Fact Sheet 15.

State Law requires that hot water be provided 365 days per year, 24 hours a day at a minimum of 120 degrees Fahrenheit at the tap. In New York City, if a tub or shower is equipped with an anti-scald valve that prevents the hot water temperature from exceeding 120 degrees Fahrenheit, the minimum hot water temperature for that tub or shower is 110 degrees Fahrenheit.

TENANT INSTRUCTIONS: Please note: You must attach a report from the appropriate city, municipal or county agency showing a finding of lack of heat and/or hot water. Type or clearly print all information requested. Be sure to date and sign the back of the application. Mail or deliver the original plus one copy of the signed application to the Division of Housing and Community Renewal (DHCR) address shown on the reverse side of this form. Keep one copy for your records.

Part I - General Information

1. Mailing Address of Tenant:

 

2. Mailing Address of Owner/Managing Agent:

 

 

 

 

 

 

 

 

 

 

 

Name

 

 

 

Name

 

 

 

 

 

 

 

 

 

 

 

 

 

Number/Street

 

Apt. No.

 

Number/Street

 

 

 

 

 

 

 

 

 

 

 

 

 

City, State, Zip Code

 

 

 

City, State, Zip Code

 

 

Telephone No.: Bus. (

 

)

 

Telephone Number: (

)

 

 

Res. (

)

 

 

 

 

 

 

3.Subject Building (if different from tenant's mailing address):

Number and Street

Apartment Number

City, State, Zip Code

HHW-1 / (10/13)

(SEE REVERSE SIDE)

4. My apartment is:

 

Rent Stabilized

Complete the following, if applicable:

A Co-op/Condo

Unit Owner/Proprietary Lessee:

Rent Controlled

Hotel Stabilized

SRO (Single Room Occupancy)

Name of Cooperative Corp./Condo Assn.:

Managing Agent:

My building is managed by a 7-A Administrator.

Name of 7-A Administrator:

5.

I moved into my apartment on:

/

6. I have SCRIE or DRIE.

Yes

 

/.

No

7. Section 8 Program:

 

None

 

U.S. Dept. of Housing & Community Development

 

N.Y.C. Housing Authority

 

 

Housing Choice Voucher

 

N.Y. C. Dept. of Housing & Preservation Development

 

 

 

 

 

 

 

 

 

 

 

If applicable, enter Certificate/Voucher Number: __________________________________

 

8.

Part II - Tenant's Statement of Complaint

Report from the appropriate agency showing a finding of inadequate heat and/or hot water attached.

9. Check appropriate boxes to indicate services not provided.

Heat - Not Provided/Inadequate

HotWater -NotProvided/Inadequate

10. Briefly describe the conditions which resulted in the attached violation(s):

Part III - Tenant's Affirmation

I have read the information on this application and I affirm that the contents to be true of my own knowledge.

/

/

 

 

 

 

 

Tenant's Signature

Date

 

 

MailordeliverthisformtotheDHCRofficelistedbelow.

DHCR, Gertz Plaza

92-31 Union Hall St., 6th Floor

Jamaica, NY 11433

HHW-1 / (10/13)

File Overview

Fact Number Fact Detail
1 The New York HHW-1 is a tenant application form for rent reduction due to the failure of the property owner to provide adequate heat and/or hot water.
2 The form is governed by the New York State Division of Housing and Community Renewal (DHCR), specifically under the purview of the Office of Rent Administration.
3 Under the Housing Maintenance Code in New York City, heat must be provided from October 1 through May 31, with specific temperature requirements based on time of day and outdoor temperature.
4 State Law mandates that hot water must be supplied 365 days a year, 24 hours a day, with a minimum temperature of 120 degrees Fahrenheit at the tap.
5 Tenants filling out the HHW-1 form must attach an official report from a city, municipal, or county agency showing a finding of the lack of heat and/or hot water to their application.
6 Applicable for various tenant situations, the form caters to residents of rent stabilized, rent controlled, hotel stabilized, and single room occupancy (SRO) units, among others.

New York Hhw 1: Usage Guidelines

Filling out the New York HHW 1 form is a crucial step for tenants experiencing issues with heat or hot water in their residence. This form enables tenants to apply for a rent reduction based on these problems. To ensure a smooth process, it's important to follow each step carefully, provide accurate information, and attach the necessary documentation demonstrating the issue.

  1. Collect the necessary documentation: Before you start filling out the form, make sure you have a report from a city, municipal, or county agency that confirms the lack of heat and/or hot water.
  2. Part I - General Information:
    • Enter your mailing address in the space provided, including the apartment number if applicable.
    • Provide the mailing address of the owner or managing agent, including all the details as requested on the form.
    • If the subject building address is different from your mailing address, write down the building's information under "Subject Building."
    • Specify the category that describes your apartment (e.g., Rent Stabilized, Rent Controlled, etc.) and provide additional details as applicable.
    • Indicate the date you moved into the apartment.
    • Note whether you have SCRIE or DRIE by checking the appropriate option.
    • If part of a Section 8 Program, note the specific program and enter your certificate or voucher number if applicable.
  3. Part II - Tenant's Statement of Complaint:
    • Attach the report you've collected that demonstrates a finding of inadequate heat or hot water.
    • Check the boxes to indicate whether heat, hot water, or both were not provided or inadequate.
    • In the space provided, describe the conditions that led to the reported violation(s).
  4. Part III - Tenant's Affirmation: Read the affirmation statement carefully. If everything is true to your knowledge, sign and date the form.
  5. Review your application to ensure all information is complete and accurate. Attach the report of inadequate heat and/or hot water.
  6. Submit the form: Mail or deliver the original form and one copy, along with your supporting documents, to the Division of Housing and Community Renewal (DHCR) office. The address is provided on the form. Remember to keep one copy for your own records.

After submitting the HHW 1 form, your application will be processed by the Division of Housing and Community Renewal. It's essential to follow up if you do not receive a response within the expected time frame. Keeping a copy of the form and all attachments for your records is a good practice.

FAQ

  1. What is the purpose of the New York HHW-1 form?

    The HHW-1 form is designed for tenants in New York City to apply for a rent reduction due to the landlord's failure to provide adequate heat and/or hot water. This application is a response to violations of the Housing Maintenance Code, which sets specific standards for temperature within residential buildings during certain months and requires that hot water be available 365 days a year.

  2. When is heat required to be provided in New York City apartments according to the Housing Maintenance Code?

    In New York City, landlords are obligated to provide heat from October 1 through May 31 under these conditions: between 6 A.M. and 10 P.M., the inside temperature must be at least 68 degrees Fahrenheit when the outside temperature drops below 55 degrees Fahrenheit; and between 10 P.M. and 6 A.M., the inside temperature must be at least 55 degrees Fahrenheit when the outside temperature is below 40 degrees Fahrenheit.

  3. How must hot water be provided in New York City apartments?

    State Law mandates that hot water is supplied 24 hours a day, 365 days a year at a minimum temperature of 120 degrees Fahrenheit at the tap. For tubs or showers equipped with an anti-scald valve, the minimum temperature is lowered to 110 degrees Fahrenheit to prevent burns from exceeding hot water temperatures.

  4. What documentation is required to submit an application using the HHW-1 form?

    Tenants must attach a report from a city, municipal, or county agency that confirms findings of inadequate heat and/or hot water in their residential building. This documentation is crucial for the application process and must be submitted along with the completed HHW-1 form.

  5. What should be included in the Tenant's Statement of Complaint on the HHW-1 form?

    In the Tenant's Statement of Complaint, tenants should check the appropriate boxes to indicate whether heat and/or hot water was not provided or was inadequate. Additionally, a brief description of the conditions leading to the violation(s) should be provided. This narrative helps to give context to the complaint and supports the request for a rent reduction.

  6. Who should the HHW-1 form be submitted to?

    The completed original HHW-1 form, along with an additional copy and the required documentation of heat and/or hot water inadequacy, should be mailed or delivered to the Division of Housing and Community Renewal (DHCR) office at Gertz Plaza, 92-31 Union Hall St., 6th Floor, Jamaica, NY 11433. Tenants are advised to keep a copy of the application for their records.

  7. What are the implications for tenants if they have SCRIE or DRIE?

    Tenants who are part of the SCRIE (Senior Citizen Rent Increase Exemption) or DRIE (Disability Rent Increase Exemption) programs should note their participation on the HHW-1 form. Participation in these programs may affect the processing or outcome of their application, as these programs offer additional protections and benefits for eligible seniors and disabled individuals, potentially including further rent adjustments or exemptions.

Common mistakes

When filling out the New York HHW-1 form, which is the Tenant Application for Rent Reduction due to lack of heat and/or hot water, there are several common mistakes that can delay or affect the process. Recognizing and avoiding these pitfalls can ensure a smoother resolution to your heating or hot water issues.

Firstly, one of the most frequent mistakes is not providing the required attachment, which is a report from the appropriate city, municipal, or county agency indicating a finding of lack of heat and/or hot water. This document is essential as it acts as proof of the conditions you're reporting. Without it, your application may not be processed.

  1. Another common error is failing to complete every section of the form. While it may seem self-explanatory, each section is important. Overlooking parts like the cooperative corp./condo association details, if applicable, or the Section 8 Program section, if relevant, can render your application incomplete.
  2. Using unclear handwriting is another mistake. Since the instructions specify that you should type or clearly print all information, failing to do so can lead to misunderstandings or delays in processing your application.
  3. Not checking the correct boxes under section 10 to indicate whether heat and/or hot water was not provided or was inadequate. This detail might seem minor, but specifying the nature of your complaint clearly is crucial for the DHCR to understand exactly what issue they are addressing.
  4. Finally, forgetting to sign and date the back of the application is a common oversight. Your signature affirms that the information you have provided is true to the best of your knowledge, and without it, the application is not valid.

To increase the likelihood of a favorable outcome, here are a few additional tips:

  • Make sure to keep one copy of the signed application for your records, as advised in the instructions. This helps you keep track of your application and serves as proof of submission.
  • Verify the details you provide, especially your mailing address and the owner/managing agent’s details, to ensure there are no delays caused by incorrect information.
  • Remember to mail or deliver the original plus one copy of the signed application to the DHCR office. Keeping one copy for your records is important, but the DHCR needs the original documents to proceed with your complaint.

In summary, paying close attention to the form's instructions and avoiding these common mistakes can help ensure that your application for a rent reduction due to lack of heat and/or hot water is processed efficiently. Remember, the goal is to provide a complete, accurate, and legible application to facilitate a quick resolution to the issue.

Documents used along the form

When tenants in New York face issues with heating or hot water in their apartments, they can seek relief through the New York State Division of Housing and Community Renewal (DHCR) by using the HHW-1 form. This form is a critical piece for tenants to formally report these problems. However, to strengthen their case or further comply with legal requirements, tenants might need to present additional forms and documents alongside the HHW-1. Let's look at some of these documents.

  • Violation Order from a Government Agency: This is an official notice or report from a city, municipal, or county agency verifying the tenant's claims of inadequate heat or hot water. It is a crucial piece of evidence that supports the application for rent reduction.
  • Rent Registration Summary: This document provides a history of registered rents with the DHCR for rent-stabilized units, which can be useful to establish the apartment’s regulatory status and rent history.
  • Lease Agreement: A copy of the current lease agreement can help identify the terms of tenancy, responsibilities of the landlord concerning utilities, and can be used to cross-reference with the HHW-1’s reported issues.
  • Letter of Complaint to Landlord: Copies of any written complaints about the heating or hot water issues sent to the landlord or managing agent prior to the HHW-1 submission can serve as evidence of the tenant's attempt to resolve the issue directly.
  • Photos and Logs: Documentation including dated photos of the thermostat, pictures of inadequate heating facilities, or a log detailing instances when heat or hot water was insufficient can bolster the tenant's case by providing tangible proof of the conditions described in the application.

While the HHW-1 form is the starting point for tenants to address their heat and hot water concerns with the DHCR, accompanying it with the right supporting documents is key. This not only provides a comprehensive view of the situation but also ensures that the tenant’s claims are well-documented and substantiated. Knowing which documents to include can facilitate a smoother process and potentially lead to a quicker resolution of these essential service issues.

Similar forms

The New York HHW-1 form, designed for tenants to report failures to provide adequate heat and/or hot water, shares similarities with various other types of legal documents. One such document is a Tenant's Complaint of Rent Overcharge form. Both require tenants to provide detailed personal and property information, outline specific complaints against landlords, and necessitate official submissions to a governing body or a regulatory agency, in this case, the Division of Housing and Community Renewal (DHCR) for the HHW-1 form. The attention to detail ensures that the regulatory agency can take appropriate action based on the evidence and statements provided by the tenant.

Another comparable document is the Notice to Repair form, which tenants use to formally notify their landlords of repairs needed within their rental units. Like the HHW-1 form, this notice requires tenants to describe the issue in detail, although the HHW-1 form specifically addresses heat and hot water issues. Both documents serve as official records that a request for remedy has been made, which can be crucial in any subsequent legal proceedings or disputes.

A Lease Agreement also shares similarities with the HHW-1 form as it contains specific details about the rental arrangement, including the parties involved, the address of the rental property, and terms and conditions of the lease, much like the general information section required on the HHW-1. However, the leverages of each document differ, with the Lease Agreement outlining the terms of occupancy and the HHW-1 form being a tool for tenants to seek remedy for specific issues.

Moreover, the Application for Public Housing is another document that, like the HHW-1, collects detailed personal information, along with housing preferences and needs. While one is an application to enter a housing program and the other is a complaint form, both require thorough documentation of the applicant's or tenant's current housing situation and necessitate processing by housing authorities.

The Rent Freeze Program Application for Seniors (SCRIE) or Disabled Individuals (DRIE) is similarly aligned with the HHW-1 form in that it requires participants to provide detailed information about their housing situation, including proof of residency and income verification. Both forms are integral to securing rights and benefits within New York's housing system, focusing on the protection and support of tenants.

The Mold Complaint Form is specifically targeted toward reporting mold issues within rental properties but parallels the HHH-1 form in its function as a complaint submission to a regulatory authority. Much like the HHW-1, tenants must provide a detailed account of the problem, accompanied by any available evidence, to seek resolution from the landlord or housing authority.

Lastly, the Petition for Administrative Review (PAR) is a document that tenants can file to contest decisions made by the DHCR, such as rent adjustments or service classifications. Similar to filing the HHW-1 form, the PAR process requires a detailed presentation of the tenant's situation and arguments against the DH services, utilities, or contract terms affected by DHCR's decisions.

While each of these documents serves different purposes within the New York housing and legal framework, they share the commonalities of requiring detailed documentation, serving as official communications between tenants and authorities or landlords, and being vital tools in securing tenant rights and remedies.

Dos and Don'ts

When filling out the New York HHW-1 form, which is a Tenant Application for Rent Reduction due to lack of heat and/or hot water, it's essential to navigate the process correctly to ensure your application is considered valid and processed swiftly. Below are several do's and don'ts to help guide you through the application process efficiently and effectively.

Do:
  • Attach the required report: Ensure you include a report from an appropriate city, municipal, or county agency indicating a finding of inadequate heat and/or hot water. This documentation is crucial for your application.

  • Type or clearly print all information: To avoid any processing delays due to illegibility, type or clearly print your information on the form.

  • Provide complete contact information: Fill in all requested details for both tenant and owner/managing agent to facilitate communication.

  • Keep a copy for your records: After mailing or delivering the original and a copy to the Division of Housing and Community Renewal (DHCR), keep an additional copy for your personal records.

  • Verify the heat and hot water requirements: Make sure you understand the specific temperature and time requirements for heat and hot water provision in your locale, as stated on the form.

  • Sign and date the application: Your signature and the date are required on the back of the application to affirm the information provided is true and accurate.

  • Check the appropriate boxes: Clearly indicate the services not provided (heat or hot water) to specify the nature of your complaint.

Don't:
  • Forget to attach the agency report: Failing to include the necessary documentation regarding lack of heat and/or hot water can result in your application being delayed or denied.

  • Use pencil or erasable ink: For the sake of permanence and legibility, avoid using pencils or erasable ink when filling out the form.

  • Leave sections blank: Even if you think some sections do not apply, review them carefully and fill in all information to prevent processing delays.

  • Omit the date and signature: Without your signature and the date, the application is incomplete and cannot be processed.

  • Forget to make copies: Always keep a copy of the filled-out form and any attachments for your records. This will be helpful for future reference or follow-up.

  • Mail without verifying the address: Ensure you have the correct mailing address for the DHCR to avoid any postal errors.

  • Assume instant processing: Understand that processing takes time, so don't expect immediate action or feedback on your application.

Misconceptions

There are several common misconceptions about the New York HHW-1 form, which is critical for tenants to understand in order to effectively utilize it for their benefit. This form is a vital tool for tenants experiencing issues with heat and hot water in their apartments.

  • Misconception #1: The HHW-1 form is only for use during the winter months. In truth, while the form addresses heat requirements from October 1 through May 31, it also covers hot water issues that tenants may encounter year-round, as state law requires hot water to be provided 365 days a year.

  • Misconception #2: Tenants can file the HHW-1 form without any evidence of the issue. Actually, tenants must attach a report from the appropriate city, municipal, or county agency showing a finding of lack of heat and/or hot water to ensure their application is considered.

  • Misconception #3: Any tenant can file the HHW-1 form, regardless of their apartment's rent regulation status. However, the form specifically requires tenants to indicate whether their apartment is rent stabilized, rent controlled, hotel stabilized, SRO, or managed by a 7-A Administrator, potentially limiting its use to certain categories of housing.

  • Misconception #4: The form is a direct request to the landlord for heat and hot water restoration. In fact, the HHW-1 form is an application for rent reduction submitted to the Division of Housing and Community Renewal (DHCR). It serves as a formal complaint and can lead to a rent reduction if the lack of services is confirmed.

  • Misconception #5: Filling out the form guarantees immediate action. The process involves investigation and confirmation by the DHCR, which can take time. While filing the HHW-1 is an important step, it doesn't result in immediate resolution.

  • Misconception #6: The temperature thresholds for heating are a 24/7 requirement. The reality is the heating requirements vary by time of day; during 6 A.M. to 10 P.M., the inside temperature must be at least 68 degrees Fahrenheit when it's below 55 outside, and from 10 P.M. to 6 A.M., it must be at least 55 degrees Fahrenheit when the outside temperature drops below 40.

  • Misconception #7: There is no need to keep a copy of the HHW-1 form after submission. On the contrary, tenants are advised to keep one copy for their records after mailing or delivering the original plus one copy to the DHCR. This ensures they have proof of their complaint and the details submitted.

Understanding the purpose, requirements, and outcomes of the HHW-1 form can empower tenants facing inadequate heat and hot water conditions to seek remediation effectively. It is crucial for tenants to fully comprehend their rights and the procedures laid out by the state to protect those rights.

Key takeaways

Filling out and using the New York HHW-1 form is an important process for tenants in New York City who are experiencing issues with their heat and hot water supply. Here are five key takeaways to ensure the process is handled smoothly and effectively:

  • Understanding the Requirements: The New York Housing Maintenance Code mandates heat provision from October 1 through May 31—inside temperatures must be at least 68 degrees Fahrenheit from 6 A.M. to 10 P.M. when the outside temperature is below 55 degrees Fahrenheit, and at least 55 degrees Fahrenheit from 10 P.M. to 6 A.M. when the outside temperature is below 40 degrees Fahrenheit. Hot water must be supplied 365 days a year, 24 hours a day, at a minimum of 120 degrees Fahrenheit at the tap.
  • Documentation is Key: Tenants must attach a report from a city, municipal, or county agency confirming a lack of heat and/or hot water. This step is crucial—without it, the application may not be processed. Ensuring you have this documentation before filing can save time and prevent unnecessary delays.
  • Clear and Precise Information: When filling out Part I of the form, providing clear and accurate information is essential. This includes the mailing addresses of both the tenant and the owner or managing agent, as well as specific details about the apartment and building. Misinformation or illegible handwriting can lead to processing delays.
  • Specific Complaints: Part II of the form requires tenants to detail the inadequate services. It’s important to be as specific as possible when describing the conditions that led to the reported violation(s). Detailed accounts can help the reviewing agency understand the severity and scope of the issue.
  • Proper Filing: The form, along with all necessary attachments, should be mailed or delivered to the Division of Housing and Community Renewal (DHCR) office listed on the form. Keeping one copy for personal records is recommended. This ensures that tenants have proof of their submission, which is particularly useful in any follow-up communications.

By carefully following these guidelines, tenants can more effectively communicate their issues and expedite the rent reduction process in cases of inadequate heat and hot water supply.

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