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 (1996)

Eleventh Annual Update of Section B of Supplement No. 1 to
Operational Bulletin 84-4 (September 6, 1996)

  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 $239.89* per annum per air conditioner
($19.99 per month) for the use of air conditioners in rent stabilized
and rent controlled accommodations which were initially installed
between October 1, 1996 and September 30, 1997 if electricity costs are
included in the rent.

For Rent Stabilized Apartments, this electrical inclusion charge shall
take effect on October 1, 1996 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, 1996, the allowable charge per annum is hereby increased
to $239.89 per air conditioner ($19.99 per month), effective October 1, 1996.


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, 1996 and September 30, 1997, 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 Notice of a
Rent Increase Based on Increased Services/New Furnishings/Equipment/Painting;
and Tenant's Statement of Consent - Owner's Application for Air
Conditioner Charges or For an Increase in Maximum Rent for Painting,"
(DHCR form RN-79b).  The increase is not collectible until an order to
increase the rent is issued by the DHCR.  Where prior to October 1, 1996,
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 1995 charge (estimated average operating cost) per air
conditioner of $234.13 per annum ($19.51 per month) is increased to
reflect a 2.46% increase in the price of electricity for electrical
inclusion buildings.  See 1996 Rent Guidelines Board Price Indices of
Operating Costs, Report to the Board, New York City Rent Guidelines Board,
Page 16, April, 1996.


Paul A. Roldan
Deputy Commissioner for Rent Administration
Reissued 9/96

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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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