My building got a new fire escape and I had to remove my window AC. Does the landlord have to provide an alternative?

This summer’s extreme heat serves as a reminder to all New Yorkers that air conditioning is not just an issue of comfort, but one of health and safety at its most fundamental level. NYC passed new legislation that will require landlords to provide AC, however the law will not be enforced until 2030.

Still, there may be some instances in which your landlord can be required to come up with a solution for your AC right now.

“If your apartment came with the air conditioning unit when you moved in, or if the lease explicitly guarantees it, then the landlord has to provide AC,” Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords, said. “But, if you brought the AC unit, it might be a bit harder to force your landlord’s hand.” 

Here’s how it works: Rent-stabilized tenants are entitled to any amenities that were provided to them upon move-in, whether that’s air conditioning, an elevator, or an intercom system. “Rent-stabilized tenants can file a complaint with the Division of Housing and Community Renewal (DHCR) if their landlord refuses to return the amenity to its original condition,” Pierre-Outerbridge said. “DCHR would be able to formally compel the landlord to reinstate service, or provide a rent reduction.” 

All tenants regardless of stabilization are entitled to air conditioning if provided by the lease terms. “The landlord would be in clear breach of contract if air conditioning is part of the lease terms but they’re preventing you from installing it,” Pierre-Outerbridge said.

New law to the rescue?  

A new NYC law may offer some recourse if your lease doesn’t guarantee air conditioning.

“Starting in 2030, landlords will be required to provide air conditioning to tenants that request it,” Pierre-Outerbridge said. “This law was meant to fill in the gaps, so if you’re one of 90 percent of NYC households that already have air conditioning, not much will change for you. But New Yorkers without air conditioning will finally have a legal bolster protecting them from extreme heat exposure in their homes.” 

Pierre-Outerbridge gave a glimpse at how this could play out if taken to court. “Prior to this, your best option would have been to argue that not being able to install an AC unit breaches the warranty of habitability,” Pierre-Outerbridge said. “It’s not a surefire argument, you’d have to be prepared for your landlord to argue that the roughly 10 percent of NYC households without air conditioning aren’t taking issue with habitability.” 

“But if it’s not included in the lease terms, your argument for habitability may have gotten stronger,” Pierre-Outerbridge said. “Though enforcement won’t begin until 2030, you have a law on your side that mandates AC for all. A lawyer can help you position this new law as leverage if you need to make a case legally.”   

Steps you can take

A portable unit may offer you temporary reprieve, but it may not be enough, especially during a heatwave.

“Don’t be a martyr for your cause,” Pierre-Outerbridge said. “Find a way to keep your apartment cool, whether that’s with fans or a portable unit, but remain persistent with your landlord to find a permanent solution that guarantees AC. This new law’s delayed enforcement will make it hard for tenants alone to demonstrate that landlords need to provide air conditioning immediately, but an experienced lawyer can help you maneuver the law and the legal system to bring you relief.” 

Pierre-Outerbridge said it will be interesting to see how landlords contend with the new AC law. “I’d wager that most landlords will give their tenants window units once enforcement begins,” she said.

However, since other tenants in your building have central air, your landlord may upgrade your unit too, she said. Wall-mounted mini split units are a typical choice for rental apartments.

Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.