A.
Every person, firm or corporation, whether owner, lessor or agent of a building constructed for occupancy as or used as a dwelling for two or more families, who has agreed, either orally or in writing, to supply heat, shall furnish heat adequate to maintain therein from September 15 to May 15 of the following year a minimum inside temperature of 70° F. in all habitable rooms and toilet rooms between the hours of 6:00 a.m. and 11:00 p.m., and a minimum temperature of 65° F. in all habitable rooms and toilet rooms between the hours of 11:00 p.m. and 6:00 a.m.
B.
The provisions of this subsection shall not apply where the failure to maintain minimum requirement is caused by a negligent or malicious act of the occupant.