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Posted by New York Tenant on August 06, 2001 at 00:56:37:

In Reply to: air conditioning fee posted by bb on August 06, 2001 at 00:16:16:

The landlord can't wait four years and then charge you a fee to have an air conditioner. And you don't have to pay a renewal rent increase until at least 90 days after the landlord offers you a proper renewal lease, and the increase shouldn't be retroactive.

See DHCR Fact Sheet #27 - Air Conditioners at http://www.dhcr.state.ny.us/ora/pubs/html/orafac27.htm:

"Collection Procedure For Rent Stabilized Apartments

An owner may collect from a rent stabilized tenant any of the charges for an air conditioner without obtaining a DHCR order. An owner must charge a tenant for an air conditioner at the time the units are initially installed, or within a reasonable period of time after its installation. If the owner fails to charge the tenant within a reasonable period of time after the installation, the owner waives the right to collect the charge."

:
: For the first time in 4 years, my landlord (who i like by the way) added a $5/month air conditioner charge to my lease. I just read here that this is legal, if self-installed (yep), paying my own electricity (yep), AND may cause damage to the property (this i highly doubt). So, can i not pay it based on the last thing? Or is the $60/year not worth worrying about?

: Anybody else had experience with this? Also, it's two months past due on getting my lease, partly because i argued over this point. Does this mean i owe the rent increase yet?

: thanks

• DHCR Fact Sheet #27 - Air Conditioners

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Comments:
: The landlord can't wait four years and then charge you a fee to have an air conditioner.  And you don't have to pay a renewal rent increase until at least 90 days after the landlord offers you a proper renewal lease, and the increase shouldn't be retroactive.   

: See DHCR Fact Sheet #27 - Air Conditioners at http://www.dhcr.state.ny.us/ora/pubs/html/orafac27.htm:  

: "Collection Procedure For Rent Stabilized Apartments

: An owner may collect from a rent stabilized tenant any of the charges for an air conditioner without obtaining a DHCR order. An owner must charge a tenant for an air conditioner at the time the units are initially installed, or within a reasonable period of time after its installation. If the owner fails to charge the tenant within a reasonable period of time after the installation, the owner waives the right to collect the charge."  

: :
: : For the first time in 4 years, my landlord (who i like by the way) added a $5/month air conditioner charge to my lease. I just read here that this is legal, if self-installed (yep), paying my own electricity (yep), AND may cause damage to the property (this i highly doubt). So, can i not pay it based on the last thing? Or is the $60/year not worth worrying about?

: : Anybody else had experience with this? Also, it's two months past due on getting my lease, partly because i argued over this point. Does this mean i owe the rent increase yet?

: : thanks


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