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NYS DHCR Operational Bulletin #84-4-35

Citation
NYS DHCR Operational Bulletin #84-4-35
Jurisdiction
New York (state)
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Gertz Plaza, 92-31 Union Hall St., Jamaica NY 11433 │www.nyshcr.org
 For RENT CONTROLLED APARTMENTS, with the exception of the one-one-sixty-eighth
(1/168th) charge in buildings that contain 35 or fewer housing accommodations or one-one-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, the owner must apply to DHCR before collecting any
of these charges. An owner may apply to DHCR by submitting the "Owner's Application for a Rent
Increase Based on Increased Services, New Furnishing/Equipment/ Painting; and Tenant's Statement of
Consent, Owner's Application for Air Conditioner Charges or For an Increase in Maximum Rent for
Painting" (DHCR Form RN-79b). The increase or decrease is not collectible until an order to increase
or decrease the rent is issued by DHCR. Where prior to October 1, 2020, collection of an air conditioner
charge was ordered and approved in a specified dollar amount, that charge remains in effect for the
current year.

The electrical inclusion charge and the $5.00 per month charge for a tenant purchased and
installed air conditioner in an electrical exclusion rent controlled apartment become part of the maximum
collectible rent, but they do not affect the compounding of the maximum base rent.

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: September 22, 2020

Gertz Plaza, 92-31 Union Hall St., Jamaica NY 11433 │www.nyshcr.org