N.Y.C. Admin. Code tit. 26, ch. 3 § 26-417
Surcharges for tenant-installed air conditioner units; prohibited (City Rent and Rehabilitation Law)
Operative Text
The imposition of any surcharge for the installation and use of a tenant-installed air conditioner unit is prohibited where the tenant pays for electric utility service. (2022 N.Y. Laws Ch. 619, 11/21/2022, eff. 11/21/2022)
Under N.Y.C. Admin. Code ch. 26 § 26-401 et seq. § 26-417, landlords are barred from charging tenants any additional fee or surcharge specifically for installing or using a tenant-owned air conditioner, provided the tenant is responsible for paying their own electric utility bill. The rule draws a clear line: when the electricity cost falls on the tenant, the landlord cannot layer on a separate air conditioner charge. This provision was enacted as part of 2022 N.Y. Laws Ch. 619, effective November 21, 2022.
Plain English — not legal advice.
Property owners and managers covered by N.Y.C. Admin. Code ch. 26 § 26-401 et seq. § 26-417 generally ensure that no lease clause, rider, or billing practice imposes a surcharge on tenants who install and use their own air conditioner units when those tenants pay their own electric bills. Compliant operators review existing lease agreements and any standard fee schedules to confirm that air conditioner surcharges are not applied in situations where the tenant bears the electricity cost. Operators who are uncertain whether their current practices align with this provision often consult with a qualified housing attorney or property management professional.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code ch. 26 § 26-401 et seq. § 26-417 gives tenants who pay their own electric bills a clear protection against landlord-imposed surcharges for tenant-installed air conditioner units. If a landlord is charging such a fee, tenants may consider raising this provision as a defense in a housing proceeding, filing a complaint with the New York City Department of Housing Preservation and Development, or reaching out to a local tenant-rights organization for guidance. Keeping records of any surcharge demands and related communications can be useful when exploring available options under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.