Do I really need a landlord's permission to install an AC I bought myself?
- Requiring a professional to do the installation can be a condition of your rent-stabilized lease
- If a landlord buys and installs an AC, they can charge you for a fraction of the cost of the unit and set up
AC units are easy to spot, so it's not something you can hide.
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I want to install an AC unit in my rent-stabilized apartment, but my landlord can raise the rent if they provide and install the unit. If I buy and install the unit myself, my lease requires me to get permission from the landlord, but I know other tenants have ignored that rule. Are there any consequences if I install it on my own without permission? What’s my risk?
It’s understandable that you would want to avoid a rent increase and install an AC on your own, but doing so without your landlord's permission could violate your rent-stabilized lease.
In an extreme situation, your landlord could potentially try to evict you if they find out you’ve breached your lease, and it would be fairly easy for them to spot a window AC unit sticking out of the window.
They could then file a “notice to cure,” or a legal warning that you’re in violation of your lease. That notice gives you 10 days to fix the problem—in this case, by removing the AC unit—before they can proceed with an eviction, said Jeffrey McAdams, an attorney at McAdams Law.
"I would not encourage subterfuge,” McAdams said.
[Editor's Note: Realty Bites tackles your NYC rental questions. This article originally ran in March 2024. It's been updated with new information for July 2024.]
Better to pay now than in court later
You could simply avoid an eviction by removing the AC unit if your landlord files a notice to cure. But if your goal is to avoid sweating out the summer heatwave, it’s probably better to ask for permission than forgiveness.
Your best case scenario would be to pay for the AC unit and installation yourself with your landlord’s permission, if you can afford the upfront cost. That way, you can avoid a monthly surcharge for its use and a rent increase for the installation.
Plus, paying for a professional to install the unit can make sure it's safely in place, said tenant attorney Sam Himmelstein, a founding partner at Himmelstein, McConnell, Gribben & Joseph.
“The landlord has a right to make sure that it’s installed safely, because if it’s not and it falls and it injures somebody, the landlord is the one that’s going to get sued,” Himmelstein said.
You could see a rent increase, in certain cases
There are two ways an AC unit will increase your rent: Your landlord can increase your rent if they purchase and install the unit, and they can tack on a monthly surcharge for an AC unit’s use in certain cases, according to New York State Homes & Community Renewal, which enforces the state’s rent regulation laws.
With your permission, your landlord can purchase and install a new air conditioner in your unit and raise your rent as a result. But the monthly rental increase would be limited to 1/180th of the cost in buildings with more than 35 apartments, or 1/168th of the cost for buildings with 35 units or less, according to HCR. (In exchange for a more significant renovation, your landlord could raise your rent even more: up to $179 per month under new caps passed in the state budget in April 2024).
The owner also cannot increase your rent if you purchase and install the AC unit yourself, nor can they charge you for the cost of AC brackets, according to HCR.
Your landlord can tack on a monthly surcharge to your rent bill if electricity costs are included in your rent, according to HCR. However, owners cannot collect that fee if you install your own AC unit and if you pay for your own electricity bills. (Previously, landlords could charge a $5 per month fee for rent stabilized tenants, even if they paid their own electricity and installed the AC unit themselves).
A monthly surcharge won’t impact your legal rent
That monthly fee stands at $37.09 until September 2024, when the Rent Guidelines Board will adjust the price. But that additional surcharge does not impact the maximum rent your landlord is legally allowed to charge you, meaning it won’t be taken into account in future rent increases, according to HCR.
You also can’t be evicted for failing to pay that monthly surcharge, Himmelstein said.
“Those surcharges still exist, but if the tenant doesn't pay them, they can't be evicted.” Himmelstein said. “I think the tenant should be prepared to pay the surcharge.”
