For RENT STABILIZED APARTMENTS, these surcharges, do not become part of the legal
rent for the purpose of computing any guidelines or other increases under the Rent Stabilization Law
or Code. Owners can collect the charges from rent stabilized tenants without an order from DHCR.
These monthly charges remain collectible throughout the year even if the air conditioner is removed,
i.e., during the winter months.
For RENT CONTROLLED APARTMENTS, these surcharges become part of the
Maximum Collectible Rent (MCR), but do not become part of the Maximum Base Rent (MBR).
Before collecting the monthly electrical inclusion surcharge from rent controlled tenants, the owner
must apply to DHCR for permission to collect the surcharge by filing the DHCR Form RN-79b. The
surcharge may not be collected until DHCR issues an order authorizing the surcharge. These monthly
charges remain collectible throughout the year even if the air conditioner is removed, i.e., during the
winter months. Where prior to October 1, 2022, collection of an air conditioner charge was ordered
and approved in a specified dollar amount, that charge remains in effect for the current year.
For both 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.
Woody Pascal
Deputy Commissioner
for Rent Administration
Dated: December 2, 2022
Gertz Plaza, 92-31 Union Hall St., Jamaica NY 11433 │www.hcr.ny.gov