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 NINTH ANNUAL UPDATE OF SECTION B OF SUPPLEMENT NO. 1 TO 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 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 (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. 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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 ------------------------------------------------------------