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 (August 31, 1995)

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 $234.13* per annum per air conditioner ($19.51 per
month) for the use of air conditioners in rent stabilized and rent controlled
accommodations which were initially installed between October 1, 1995 and
September 30, 1996 if electricity costs are included in the rent.

For Rent Stabilized Apartments, this electrical inclusion charge shall
take effect on October 1, 1995 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, 1995,
the allowable charge per annum is hereby increased to $234.13 per air
conditioner ($19.51 per month), effective October 1, 1995.

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, 1995 and September 30, 1996, 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 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 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 DHCR.  Where prior to October 1, 1995, 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 Rent Stabilized and Rent Controlled Apartments, for air
conditioners initially installed prior to October 1, 1985, the permissible
charge is dependent upon the lawful practice then in effect.

*NOTE: The 1994 charge (estimated average operating cost) per air
conditioner of $223.75 per annum ($18.65 per month) is increased to reflect
a 4.64% increase in the price of electricity for electrical inclusion
buildings.  See 1995 Rent Guidelines Board Price Indices of Operating
Costs, Report to the Board, New York City Rent Guidelines Board,
Page 13, April, 1995.

Paul A. Roldan
Deputy Commissioner for Rent Administration
Reissued 9/95

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
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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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