New York State
Division of Housing and Community Renewal
Rent Administration - Operational Bulletins

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

OPERATIONAL BULLETIN 84-4 (September 20, 1994)

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 $223.75* per annum per air conditioner ($18.65 per month) for
the use of  air conditioners in rent stabilized and rent controlled accommodations which
were initially installed between  October 1, 1994 and September 30, 1995 if electricity
costs are included in the rent.

For Rent Stabilized Apartments, this electrical inclusion charge shall take effect
on October 1, 1994 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
previously installed between October 1, 1985 and September 30, 1994, the allowable charge
per annum is hereby decreased to $223.75 per air conditioner ($18.65 per month), effective
October 1, 1994.

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 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, 1994 and
September 30, 1995, 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
(1/40) 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

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 (1/40) charge
for the owner purchased and installed brand new air conditioner, the owner must apply to
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, Furnishing 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, 1994, 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.

*NOTE: The 1993 charge (estimated average operating cost) per air conditioner of
$244.11 per annum ($20.34 per month) is decreased to reflect an 8.34% decrease in the
price of electricity for electrical inclusion buildings.  See 1994 Rent Guidelines
Board Price Indices of Operating Costs, Report to the Board, New York City Rent
Guidelines Board, Page 18, May, 1994

Lula M. Anderson
Deputy Commissioner for Rent Administration
Reissued 7/95

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
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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

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

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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