Cal. Civ. Code § 5:10-14.4
Minimum temperature
Operative Text
(a) From October 1 of each year to the next succeeding May 15, every unit of dwelling space and every habitable room therein shall be maintained at a temperature of at least 68 degrees Fahrenheit between the hours of 6:00 A.M. and 11:00 P.M. and at least 65 degrees Fahrenheit between the hours of 11:00 P.M. and 6:00 A.M. The heating system shall be capable of maintaining the minimum required temperature in all habitable rooms without the necessity of heating adjoining rooms more than five degrees higher than said minimum required temperature. The design of the heating system shall conform to the ASHRAE Guide and Data Book. The heating standard herein set forth may be modified by the Commissioner by emergency rule. (b) In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building. (c) The owner shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required herein, notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit of dwelling space and the said unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed.
N.J.A.C. § 5:10-14.4 establishes minimum indoor temperature requirements for all dwelling units in New Jersey during the heating season, which runs from October 1 through May 15. During daytime hours (6:00 A.M. to 11:00 P.M.), units must be kept at no less than 68°F; during nighttime hours (11:00 P.M. to 6:00 A.M.), the minimum drops to 65°F. The rule places the obligation to supply fuel and maintain the heating system squarely on the property owner, with a narrow exception when a tenant has a separate, individually metered heating unit and has agreed in writing to supply their own heat.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-14.4, compliant property owners generally ensure their heating systems are capable of reaching the required minimums—68°F by day and 65°F at night—throughout the October 1–May 15 heating season without overheating adjacent spaces by more than five degrees. Operators typically keep heating equipment in good working order and maintain an adequate fuel or energy supply, since the regulation does not allow lease clauses to shift this core responsibility to tenants. The only recognized exception applies when a tenant occupies a unit with its own exclusively metered heating equipment and has signed a written agreement to supply their own heat.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-14.4 gives tenants the right to a minimum of 68°F during daytime hours and 65°F overnight from October 1 through May 15, and the law places the duty to maintain heat on the owner regardless of what a lease may say. If a unit falls below these thresholds, tenants may consider documenting the conditions (dates, times, and temperature readings) and reporting the issue to the local municipal housing or code enforcement office, which has authority to inspect and cite violations. Tenant-rights organizations in New Jersey can also explain additional options, such as raising a heating violation as a defense in certain housing proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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