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
SEVENTH ANNUAL UPDATE (AIR CONDITIONERS) OF SECTION B OF
SUPPLEMENT NO. 1 TO OPERATIONAL BULLETIN 84-4 (AUGUST 11, 1992)
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 $197.71* per annum per air
conditioner ($16.48 per month) for the use of air conditioners in
rent stabilized and rent controlled accommodations which were
initially installed between October 1, 1992 and September 30,
1993 if electricity costs are included in the rent.
For RENT STABILIZED APARTMENTS, this electrical inclusion charge
shall take effect on October 1, 1992 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 by the New York City Rent
Guidelines Board (or such 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, 1992, the allowable charge per annum is hereby
decreased to $197.71 per air conditioner ($16.48 per month),
effective October 1, 1992.
Building Owner Provided New Air Conditioner
Where a brand new air conditioner is purchased and installed by
the owner with the rent controlled or rent stabilized tenant's
written consent to pay for it, one-fortieth (1/40th) of the cost
of the new air conditioner may be included in the base rent.
ELECTRICAL EXCLUSION BUILDINGS
Where the rent controlled or rent stabilized tenant pays for his
or her own electricity and purchases and installs his or her own
air conditioner between October 1, 1992 and September 30, 1993, a
$5.00 per month per air conditioner charge will be payable to the
owner only if the air conditioner protrudes beyond the window
TERMS AND CONDITIONS
For RENT STABILIZED APARTMENTS, these charges, with the exception
of the one-fortieth charge for the owner-purchased and installed
brand new 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
These monthly charges remain collectible throughout the year even
if the air conditioner is removed temporarily, i.e. during the
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. Where, prior to October
1, 1992, collection of an air conditioner charge was ordered, the
approved dollar amount of that charge remains in effect for the
The electrical inclusion charge and the $5.00 per month charge
for a tenant purchased and installed air conditioner in an
electrical exclusion 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.
Joseph A. D'Agosta
Acting Deputy Commissioner for Rent Administration
* The 1991 charge (estimated average operating cost) per air
conditioner of $220.49 per annum ($18.37 per month) is
decreased to reflect a 10.33% decrease in the price of
electricity for electrical inclusion buildings. See "1992
Price Index of Operating Costs for Rent Stabilized Apartment
Houses in New York City," New York City Rent Guidelines
Board, Page 14, May, 1992.
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
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recommended the reader obtain competent legal advice from a
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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
One Fordham Plaza
Bronx, NY 10458
250 Schermerhorn St.
Brooklyn, NY 11201
156 William Street
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below
163 W. 125th St.
NY, NY 10027
North side of 110th St. and above
350 St. Mark's Place
Staten island, NY 10301
Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
Albany Regional Office
119 Washington Avenue
Albany, NY 12210
Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203