KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO
AMENDED – DECEMBER 2022
THIRTY SEVENTH (37th) ANNUAL UPDATE OF SECTION B OF SUPPLEMENT
NO. 1 TO OPERATIONAL BULLETIN 84-4:
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, and Chapter 619 of the Laws of 2022.
ELECTRICAL EXCLUSION BUILDINGS
Prior to the rent laws being updated by Chapter 619 of the Laws of 2022, a five dollar ($5.00)
per air conditioner per month surcharge was lawful. Effective November 21, 2022, in rent stabilized
and rent controlled apartments, owners are prohibited from the continued collection and from the
prospective imposition of a surcharge on a tenant for the use of a tenant-installed air conditioning unit
if the tenant pays for the electric utility service. For rent controlled apartments, the five dollar ($5.00)
per month surcharge previously collected can no longer be included in the Maximum Collectible Rent
(MCR).
ELECTRICAL INCLUSION BUILDINGS
An owner may charge a tenant $381.93* per annum per air conditioner ($31.83 per month) for
the use of air conditioners in rent stabilized and rent controlled accommodations which were initially
installed between October 1, 2022 and September 30, 2023 if electricity costs are included in the rent.
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