New York’s air conditioning law changed in January 2026, when New York City enacted Local Law 23, which will require landlords to provide cooling in sleeping areas on a tenant’s request. Full enforcement begins June 1, 2030. Until then, there is no general legal duty to supply AC, but a landlord who has already provided it must maintain it, and a range of other rules, on surcharges, window-unit safety, co-op approvals, disability accommodations, and building emissions, apply right now.
The 2030 Cooling Mandate
The New York City Council enacted Local Law 23 of 2026 on January 17, 2026, adding a cooling requirement to the Housing Maintenance Code that parallels the existing rules for heat and hot water.1The New York City Council. Int 0994-2024 – File Details Once fully in force, landlords will have to provide air conditioning in sleeping areas on request, either through central cooling or individual window units.
The temperature standard applies during a defined cooling season, June 15 through September 15. When the outdoor temperature exceeds 82°F, sleeping rooms must be kept at or below 78°F. Inspectors will measure at three feet above the floor and at least three feet from any exterior wall.
The four-year phase-in exists because many older buildings do not have the electrical capacity to run AC in every unit at once. Owners of those buildings will need to upgrade wiring, panels, and service connections before June 1, 2030. Buildings with existing central systems should confirm that the equipment can hold 78°F under peak summer conditions.
What Applies Before 2030
Until the enforcement date, New York law does not require a landlord to install air conditioning. That changes the moment the landlord provides one. Once an AC unit is installed by the landlord, comes with the unit at move-in, or is written into the lease as an amenity, keeping it working becomes a legal obligation. The Housing Maintenance Code requires owners of multiple dwellings to keep the premises in good repair, and that duty reaches every appliance the landlord supplied.2NYC.gov. Title 27 – Chapter 2 Housing Maintenance Code
The warranty of habitability under Real Property Law §235-b backs this up. It covers services the landlord agreed to provide, not just heat and running water. If the lease promised AC and it breaks, the tenant has a defense and a possible counterclaim in Housing Court, and a judge can order a rent abatement reflecting the percentage of value lost while the system was out.3NYCourts.gov. Landlord/Tenant Answer in Person Fact Sheet – Warranty of Habitability
Tenants who want to install their own window units may do so, provided they follow Department of Buildings safety guidelines. A landlord cannot block an installation for aesthetic reasons or personal preference; the only valid basis for refusal is a genuine structural concern.
Surcharges in Rent-Regulated Apartments
The rules on air conditioner surcharges changed in November 2022, and the older numbers are no longer the law.
When the Tenant Pays for Electricity
If the tenant pays for electricity, the landlord cannot charge any surcharge for a tenant-installed air conditioner. This applies to both rent-stabilized and rent-controlled apartments. Chapter 619 of the Laws of 2022 eliminated the old $5-per-month-per-unit surcharge, effective November 21, 2022. Landlords still collecting it are doing so unlawfully.4Homes and Community Renewal. Fact Sheet 27 – Air Conditioners
When Electricity Is Included in the Rent
Where the landlord pays for electricity as part of the rent, a monthly surcharge for each tenant-installed unit is still permitted. The amount is not fixed. It adjusts each October 1 based on changes in electrical costs published in the Rent Guidelines Board’s Price Index of Operating Costs. Check the current year’s figure rather than relying on older numbers.4Homes and Community Renewal. Fact Sheet 27 – Air Conditioners
For rent-controlled units, the landlord must first apply to the Division of Housing and Community Renewal (DHCR) using Form RN-79b. The surcharge becomes part of the Maximum Collectible Rent but does not compound into the Maximum Base Rent.4Homes and Community Renewal. Fact Sheet 27 – Air Conditioners
Removing Landlord-Provided AC
If the landlord provided the AC as part of the lease, taking it away without DHCR approval can be treated as a reduction in essential services. DHCR can order the service restored, cut the rent, and freeze future increases until the issue is fixed.5Homes and Community Renewal. Most Common Rent Regulation Issues for Owners
Installing a Window Unit Safely
Improperly secured window air conditioners are a real hazard on New York streets, and the Department of Buildings sets specific installation rules.
- Every unit must be supported from underneath with metal brackets or firmly fastened from inside using angles. Brackets must be attached to the building envelope and rated for the weight of the unit.
- Wood blocks, bricks, phone books, and similar loose objects cannot be used for leveling. Any leveling piece needs its own independent fastening.
- The unit must stay in place when the window is opened, and the window must be secured so it cannot open by accident.
- A slight tilt toward the exterior lets condensation drain, but too much tilt compromises stability.
- Units must never block fire escape windows or other exits.
- Plug into a dedicated outlet with adequate service.
A standard window unit does not require a work permit unless it exceeds three tons (36,000 BTU). Larger commercial-grade units need a Department of Buildings permit.6NYC.gov. Installing Air Conditioning Units Check the position of window units and the condition of window frames periodically, especially in older buildings with wood frames.
Co-ops, Condos, and Disability Accommodations
Co-op shareholders own shares in the corporation rather than the apartment itself, so almost any modification, including installing, replacing, or upgrading an AC system, requires board approval. Boards can restrict where window units go, require central air during renovations, or bar certain installation types on structural or aesthetic grounds. Courts give co-op boards wide latitude under the business judgment rule established in Levandusky v. One Fifth Avenue Apartment Corp.: as long as the board acts within its authority, in good faith, and for the cooperative’s benefit, courts will not second-guess the decision.7New York Courts. Matter of Levandusky v One Fifth Ave Apt Corp
Condo owners hold direct title and generally have more freedom inside their units, but boards still control changes that affect common elements, facades, terraces, and shared mechanical systems. Most condo declarations require approval before any alteration that touches the building’s exterior or structure.
A shareholder or unit owner who thinks a restriction is unreasonable can bring an Article 78 proceeding, but those challenges succeed only on a showing of bad faith, discriminatory intent, or action outside the governing documents. Disagreement with the board’s judgment is not enough, and litigation is expensive, so negotiation is usually the better first step.
Disability accommodations sit above these rules. The Fair Housing Act bars housing discrimination based on disability, and the protection reaches AC policies.8U.S. Department of Housing and Urban Development. Housing Discrimination Under the Fair Housing Act When a tenant or shareholder has a medical condition that makes cooling a necessity, a landlord or board that otherwise restricts installations may have to grant an exception as a reasonable accommodation. The tenant supplies documentation from a medical provider, and the landlord or board evaluates in good faith. Denying a reasonable accommodation without a legitimate justification exposes the property owner to a complaint with HUD or the New York State Division of Human Rights. Co-op and condo boards are not exempt, even when bylaws or the proprietary lease would otherwise forbid the modification.
Local Law 97 and Building Emissions
For larger buildings, the choice of cooling equipment is now tied to emissions law. Local Law 97 requires most buildings over 25,000 square feet to meet greenhouse gas limits, with the first compliance period having started in 2024 and stricter caps taking effect in 2030.9NYC.gov. LL97 Greenhouse Gas Emissions Reduction – Buildings Buildings that exceed their caps pay $268 per metric ton of CO2 over the limit.10NYC Rules. Calculation of Emission Limits for Buildings
In practice, older HVAC systems often have to be replaced with higher-efficiency equipment. The law rewards switching from fossil fuel heating and cooling to electric heat pumps through a beneficial electrification credit. Offsets through the Affordable Housing Reinvestment Fund are available but capped at 10% of a building’s emissions limit.9NYC.gov. LL97 Greenhouse Gas Emissions Reduction – Buildings NYSERDA offers programs and financial incentives to help owners finance energy-efficient upgrades, including cooling replacements.11New York State Energy Research and Development Authority. Energy Programs and Incentives
Who Enforces the Rules and What It Costs
Several agencies share cooling enforcement, and one property can face action from more than one at a time.
The Department of Buildings inspects AC systems both on routine schedules and in response to complaints. Improper installation, insufficient electrical capacity, or other code violations draw notices of violation, which are adjudicated by the Environmental Control Board, now part of the Office of Administrative Trials and Hearings. The board handles summonses from more than 25 city enforcement agencies and can impose financial penalties and require corrective work.12OATH – NYC Office of Administrative Trials and Hearings. About ECB – OATH Where a violation poses an immediate hazard, the Department of Buildings can issue stop-work orders or emergency repair directives.
The Department of Housing Preservation and Development (HPD) handles residential complaints about cooling failures. When a landlord fails to maintain AC that was provided as part of the lease, tenants can file with HPD or go straight to Housing Court. HPD can issue violations and pursue legal action to compel repairs, with rent reductions until service is restored.5Homes and Community Renewal. Most Common Rent Regulation Issues for Owners
Local Law 97 penalties are calculated annually from reported emissions. At $268 per excess metric ton, a large residential or commercial building that significantly exceeds its cap can face six-figure fines in a single year, and the Department of Buildings publishes building-specific compliance data on the public record.9NYC.gov. LL97 Greenhouse Gas Emissions Reduction – Buildings