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


EIGHTH ANNUAL UPDATE (ELECTRICAL) OF SECTION B OF SUPPLEMENT NO.
1 TO OPERATIONAL BULLETIN 84-4 (AUGUST 30, 1993)

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 reflects the amendments enacted by the Rent
Regulation Reform Act of 1993, and 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 $244.11* per annum per air
conditioner ($20.34 per month) for the use of air conditioners in
rent stabilized and rent controlled accommodations which were
initially installed between October 1, 1993 and September 30,
1994 if electricity costs are included in the rent.

For RENTS STABILIZED APARTMENTS, this electrical inclusion charge
shall take effect on October 1, 1993 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, 1993, the allowable charge per annum is hereby
increased to $244.11 per air conditioner ($20.34 per month),
effective October 1, 1993.


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, including any cost of installation,
but excluding finance charges, if any, may be included in the
base rent. In the case of a rent controlled apartment, the owner
must notify the DHCR of the rent increase and the increase shall
be effective as of the first rent payment date following such
notification. In the case of a rent stabilized apartment,
separate notification to DHCR is not required, but should be
included in the next annual rent registration statement, and the
increase is effective on the first rent payment date following
installation.


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, 1993 and September 30, 1994, 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
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
installed.

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

For RENT CONTROLLED APARTMENTS, with the exception of the one-
fortieth charge for the owner purchased and installed brand new
air conditioner, 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, 1993,
collection of an air conditioner charge was ordered and approved
in a specified dollar amount, that charge remains in effect for
the current year.

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
Deputy Commissioner for Rent Administration

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

*    The 1992 charge (estimated average operating cost) per air
     conditioner of $197.71 per annum ($16.48 per month) is
     increased to reflect a 23.47% increase in the price of
     electricity for electrical inclusion buildings. See "1993
     Price Index of Operating Costs for Rent Stabilized Apartment
     Houses in New York City," New York City Rent Guidelines
     Board, Page 15, April, 1993.

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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
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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
(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
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