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, 2021 and September 30,
2022, 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-
one hundred and sixty eighth (1/168th) charge in buildings that contain 35 or fewer housing
accommodations or one-one hundred and eightieth (1/180th) of the cost in buildings that contain more
than 35 housing accommodations 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, i.e., during the winter months.