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New Laws & Regs

New Law Requires Landlords to Provide Air Conditioners Upon Tenant Request

While penalties will be steep, enforcement won’t take effect fully until 2030.

January 30, 2026 by Eileen O'Toole Esq.

On Jan. 17, 2026, the City Council enacted a new law that will require landlords to provide air conditioning to tenants, either through a central cooling system or by providing air conditioning units in sleeping areas within an apartment, upon request. 

In order to give property owners time to upgrade electrical grids and apply for state utility subsidies, enforcement of the law won’t take effect fully until June 1, 2030. The law adds NY Admin. Code §27-2030 to the Housing Code to cover cooling requirements in ways similar to heat and hot water requirements.

Highlights of the New Law

While the law sets forth additional definitions, procedures, and key compliance dates, here are some highlights:

  • During the “cooling season,” defined as June 15 to Sept. 15 each year, the cooling system or unit must be able to maintain a temperature of 78 degrees Fahrenheit or lower when it is 82 degrees Fahrenheit or hotter outside.
  • The law applies to both market-rate and rent-regulated apartments, but generally not to public housing.
  • Tenants remain responsible for the electricity costs associated with running the air conditioners. Rent-regulated tenants must agree that their landlord can apply for any legal rent increases applicable to the installations.
  • Noncompliant landlords could face daily fines ranging from $350 to $1,250, with higher penalties for failing to address violations. 

Key Dates

The law sets forth key dates for implementation as follows:

  • Jan. 1, 2028: HPD to post on its website a notice to tenants.
  • March 1, 2028 and Sept. 1, 2029: Owners must provide the HPD notice to tenants and post the notice in the building.
  • March 1, 2028: Any lease or renewal lease offered to tenants must specify who is responsible for paying the electricity costs of operating any cooling system furnished and include a copy of the required notice. 
  • Starting March 1, 2028: A tenant can request air conditioning by using an HPD form. The cooling requirements will take effect 60 days after the tenant makes the request, provided that, if the unit is rent-regulated, the tenant has provided consent for any applicable rent increase for the installation. 
  • Within 10 days after receiving notice of the tenant’s election for cooling, HPD will inform the owner of the installation requirement and the date on which the requirement will take effect, and provide a confirmation notice to the tenant advising them that the installation may result in an increase to the unit’s regulated rent.
  • Starting June 1, 2029, HPD will provide outreach to tenants concerning the law’s requirements. The law also requires HPD to provide outreach and education to building owners. 
  • Starting June 1, 2032, the owner must inspect any cooling system to ensure that it’s capable of providing adequate cooling. The owner must maintain records documenting the required inspection in a form and manner approved by HPD.

Extension of Time to Comply

HPD may grant owners an extension of time to comply with the law’s requirements if the owner demonstrates that: 

  • Compliance by the deadline would cause undue hardship, including but not limited financial hardship; 
  • The owner intends to install a centrally supplied cooling system or a permanent noncentral cooling system; 
  • The extension would give the owner time to negotiate or renegotiate the terms of city financial assistance provided by HPD; or 
  • The owner meets other criteria established by HPD. 

Such extensions may be granted for up to two years, although they may be renewed under any applicable HPD regulation. 

New Laws & Regs

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  • Landlord v. Tenant: March 2026

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https://www.thehabitatgroup.com/new-law-requires-landlords-to-provide-air-conditioners-upon-tenant-request/

Eileen O'Toole Esq.

Eileen O'Toole Esq.

  • Good Cause Eviction Notices: When Are They Required?
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