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Who pays for the AC?

The owner has to provide it. Here is exactly what the law says about cost, and what it leaves out.

Pale brick tenement with a black fire escape and a window unit

What Local Law 23 requires

Section numbers refer to Admin. Code § 27-2030.

  • The owner equips the roomStarting June 1, 2030, the owner must keep each covered room (a room used as a primary place to sleep) the tenant elects equipped with one or more cooling systems during the cooling season. (b(1))
  • The owner maintains existing systemsCentral and permanent systems already in a building must be kept able to cool to the standard. (b(2))
  • The lease names who pays for electricityLeases must specify who pays the electricity costs of the cooling system. (d(3)(a))
  • Owner controlled systemsWhen the owner controls the system, the owner pays its electricity. (a)
  • Running costsThe City's equipment rules must be designed to limit what tenants pay to operate the units. (b(4))

What the law doesn't say

  • Equipment and installationThe law makes providing cooling the owner's duty. It does not say whether that cost can be charged to tenants, and it does not prohibit it.
  • Apartments that aren't rent regulatedThe law sets no cost rules for them.

Rent regulated apartments

  • Consent firstThe tenant must consent to any improvements needed to provide cooling and any associated charges. Coverage starts only after that consent. (b(1)(c), c(1))
  • Charges follow state lawAny charges for the improvements must be consistent with state law. (b(1)(c))
  • The tenant is toldThe City's notice tells tenants a new system may increase a regulated rent. (c(2)(ii))
  • The state ruleFor an occupied rent stabilized apartment, an Individual Apartment Improvement increase needs the tenant's written consent. It adds 1/168 of the cost to monthly rent in buildings with 35 or fewer apartments, or 1/180 in larger ones, and it is permanent. (NYS HCR Fact Sheet #26)

Help with the owner's cost

  • Hardship extensionsRenewable extensions of up to two years for undue hardship, including financial hardship or the need for major capital improvements. (f(1)(a), f(2))
  • City financial assistanceExtra time for owners negotiating City loans, grants, or tax benefits. (f(1)(c))
  • NYSERDA window heat pumps$1,500 per unit at market rate and $2,250 in low and moderate income apartments, for owners installing 10 or more. Open until June 30, 2027. Details