Cal. Civ. Code § 5:28-1.8
Heating equipment
Operative Text
(a) Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least 68 degrees Fahrenheit when the outside temperature is zero degrees Fahrenheit. The temperature shall be read at a height of three feet above floor level at the center of the room. (b) Every space heater, except electrical, shall be properly vented to a chimney or duct leading to outdoors, unless the appliance is labeled as having been tested and approved for unvented operation, in compliance with the State Uniform Construction Code. Unvented portable space heaters that burn solid, liquid, or gaseous fuels shall be prohibited.
Under N.J.A.C. § 5:28-1.8, every dwelling must be equipped with heating facilities that are properly installed, safely maintained, and capable of raising all habitable rooms, bathrooms, and water closet compartments to at least 68°F when outdoor temperatures reach zero degrees Fahrenheit, measured three feet above the floor at the center of each room. Non-electric space heaters must be vented to a chimney or outdoor duct unless the unit carries an approved label for unvented operation under the State Uniform Construction Code. Portable space heaters that burn solid, liquid, or gaseous fuels without venting are outright prohibited under this provision.
Plain English — not legal advice.
Property owners and managers operating under N.J.A.C. § 5:28-1.8 generally keep all heating systems inspected, in good repair, and capable of meeting the 68°F threshold at the specified measurement point throughout the heating season. Compliant operators ensure that any non-electric space heaters on the premises are properly vented to a chimney or outdoor duct, or carry the required approval label for unvented operation consistent with the State Uniform Construction Code. Unvented portable fuel-burning space heaters are not permitted in any dwelling unit, and operators typically remove or prohibit such devices to remain in compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:28-1.8 establishes a tenant's right to adequate heat—at least 68°F in all habitable rooms, bathrooms, and water closet compartments when outdoor temperatures are at zero degrees Fahrenheit—as well as protection from unsafe, unvented fuel-burning space heaters. Tenants who believe their dwelling lacks adequate heating or contains prohibited heating equipment may consider documenting conditions (including temperature readings taken three feet above the floor at the room's center) and filing a complaint with their local municipal code enforcement office, which administers this regulation. Tenant-rights organizations in New Jersey can also provide general information about available remedies and enforcement pathways under this provision.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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