State Law Now Bars Collection of A/C Surcharge from Rent-Regulated Tenants in Electrical Exclusion Buildings

December 20, 2022

LVT Number: #32376

Effective Nov. 21, 2022, Chapter 619 of the Laws of the State of New York of 2022 prohibits owners of rent-stabilized and rent-controlled apartments in "electrical exclusion" buildings from the continued collection and the prospective imposition of the previously permitted rent surcharge for the use of a tenant-installed air conditioning unit where the tenant pays for the electric utility service. For rent-controlled apartments, the $5 per month surcharge previously collected can no longer be included in the Maximum Collectible Rent (MCR).

 

Effective Nov. 21, 2022, Chapter 619 of the Laws of the State of New York of 2022 prohibits owners of rent-stabilized and rent-controlled apartments in "electrical exclusion" buildings from the continued collection and the prospective imposition of the previously permitted rent surcharge for the use of a tenant-installed air conditioning unit where the tenant pays for the electric utility service. For rent-controlled apartments, the $5 per month surcharge previously collected can no longer be included in the Maximum Collectible Rent (MCR).

 

New York State L. 2022, Ch 619 (effective date 11/21/22)

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