New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400

Mario M. Cuomo, Governor
Donald M. Halperin, Commissioner
Joseph A. D'Agosta, Deputy Commissioner for Rent Administration


New York City Rent Stabilization Code
New York City Rent and Eviction Regulations


FIFTH ANNUAL UPDATE (AIR CONDITIONERS) OF SECTION B OF SUPPLEMENT
NO. I TO OPERATIONAL BULLETIN 84-4 (SEPTEMBER 25, 1990)

B.   PERMISSIBLE CHARGES FOR THE USE AND OR INITIAL INSTALLATION
OF AN AIR CONDITIONER FOR BOTH RENT CONTROLLED AND RENT
STABILIZED HOUSING ACCOMMODATIONS IN NEW YORK CITY.


This Annual Update is issued pursuant to Section 2527.11 of the
Rent Stabilization Code, and Section 2209.8 of the New York City
Rent and Eviction Regulations.


ELECTRICAL INCLUSION BUILDINGS

An owner may charge a tenant $224.53* per annum per air
conditioner ($18.71 per month) for air conditioners in rent
stabilized and rent controlled accommodations which are initially
installed between October 1, 1990 and September 30, 1991 if
electricity costs are included in the rent.

For RENT STABILIZED APARTMENTS, this electrical inclusion charge
shall take effect on October 1, 1990 and will thereafter be
annually adjusted upward or downward depending upon whether the
"Price Index of Operating Costs for Rent Stabilized Apartment
Houses in New York City", prepared for the New York City Rent
Guidelines Board by Speedwell Inc., (or such other research
company as the Rent Guidelines Board may choose), shows an
increase or decrease in the cost of electricity for electrical
inclusion buildings.

For air conditioners in rent stabilized accommodations in
electrical inclusion buildings installed between October 1, 1985
and September 30, 1990, the allowable charge per annum is hereby
increased to $224.53 per air conditioner ($18.71 per month),
effective October 1, 1990.


INSTALLATION CHARGE

Owner Performs Installation

Where the air conditioner is purchased and installed by the owner
with the rent controlled or rent stabilized tenant's written
consent, one-fortieth (1/40th) of the cost of the new air
conditioner may be included in the base rent.

Tenant Performs Installation

Where the rent controlled or rent stabilized tenant purchases and
installs his or her own air conditioner between October 1, 1990
and September 30, 1991, a $5.00 per month per air conditioner
charge will be payable to the owner only if the air conditioner
protrudes beyond the window line.


TERMS AND CONDITIONS

For RENT STABILIZED APARTMENTS, these charges, with the exception
of the one-fortieth charge for the owner-purchased and installed
air conditioner, do not become part of the base rent for the
purpose of computing any guidelines or other increases under the
Rent Stabilization Law or Code. For air conditioners initially
installed prior to October 1, 1985, the permissible charge is
dependent upon the lawful practice then in effect.

Owners can collect the charges from rent stabilized tenants
without an order from the DHCR. However, an owner cannot collect
the charges now for an air conditioner if the owner did not begin
charging for the air conditioner at the time it was installed or
within a reasonable period of time thereafter. A reasonable
period is generally considered to be that amount of time in which
an owner would be expected to learn that the air conditioner was
installed.

These charges remain collectible throughout the year even if the
air conditioner is removed temporarily, i.e. during the winter
months.

For RENT CONTROLLED APARTMENTS, the owner must apply to the DHCR
before collecting any of these charges. An owner may apply to the
DHCR by submitting the "Owner's Application for a Rent Increase
Based on Increased Services, Furnishings or Equipment", (DHCR
form RA-79B). The increase is not collectible until an order to
increase the rent is issued by the DHCR. If the owner previously
received approval for charges related to the installation of an
air conditioner in a rent controlled accommodation where
electricity is included in the rent or for an air conditioner
purchased and installed by the tenant; no additional charges will
be approved for that apartment unless an additional air
conditioner is installed.

The electrical inclusion charge and the $5.00 per month charge
for a tenant purchased and installed air conditioner in a rent
controlled apartment become part of the maximum collectible rent,
but they do not affect the compounding of the maximum base rent.
For air conditioners initially installed prior to October 1,
1985, the permissible charge is dependent upon the lawful
practice then in effect.

Elliot G. Sander
Deputy Commissioner for Rent Administration

----------------------------

*    The 1989 charge (estimated average operating cost) per air
     conditioner of $205.80 per annum ($17.15 per month) is
     increased to reflect a 9.10% increase in the price of
     electricity for electrical inclusion buildings. See "1990
     Price Index of Operating Cost for Rent Stabilized Apartment
     Housing in New York City," Speedwell Inc., Page 46. June.
     1990.

--------------------------------------------------------------
DHCR Operational Bulletins are issued by the New York State
Division of Housing and Community Renewal (DHCR) and update
agency administration of the rent laws.

Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR. Also see DHCR Policy Statements,
DHCR Advisory Opinions, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.

Every attempt has been made to conform to the original Operational
Bulletins as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written.  The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws.  Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
and/or proprietary features are copyright 1994, 1995 and 1996 by
TenantNet. These documents may be freely distributed provided they
remain intact as herein presented, including this and the top
informational banner referencing TenantNet as the original provider.
------------------------------------------------------------

For more information or assistance. call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.

Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400

Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678

Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246

Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below

Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above

Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277

Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494

Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434

Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575

Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596

Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382
------------------------------------------------------------


TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name