Landlord Can Charge Rent Allowance for Air Conditioner

Landlord asked the DHCR what rent increases were permitted for the installation of air conditioners in master-metered buildings in Yonkers. In an opinion letter, the DHCR stated that Tenant Protection Bulletin No. 22, as revised on Sept. 11, 1989, remained in effect. Landlord could add a year round charge to the base rent. If landlord replaces an air conditioner with one of a different size, then the DHCR must approve a new charge and may consider the fact that the old charge had increased along with the base rent since the old air conditioner was installed. Only the electricity charge required DHCR approval, and approval was required whether landlord or tenant installed the air conditioner. If landlord installed the unit, landlord could also collect a 1/40th rent increase if the apartment was vacant or if tenant in occupancy consented in writing. If landlord was installing a number of air conditioners in the building at the same time, landlord must still file individual apartment applications for approval of each air conditioner charge.

DHCR Opin. Ltr. by Charles Goldstein (3/18/98) [2-page document]