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, 2020 and September 30, 2021,
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.