Q&A
Potential costs and IAI improvements for cooling requirements
1:01:59
·
4 min
Council Member Restler inquires about the potential costs and Individual Apartment Improvements (IAI) related to implementing cooling requirements. The discussion covers the circumstances under which landlords can charge for air conditioning installation and the limitations on IAI increases.
- Landlords may be able to collect IAI rent increases for air conditioner installation under certain circumstances
- Recent changes in law protect tenants from surcharges for self-installed air conditioners in rent-stabilized units
- IAI increases are limited to 3 over a 15-year period and require tenant approval
- Potential rent increases for air conditioner installation could range from $1.50 to $4 per month
Lincoln Restler
1:01:59
I'd now I think if I'm not being presumptuous, would like to ask, and this may be better for you, deputy commissioner, or for assistant commissioner Whiteman, A couple questions about potential cost and I IIIA improvements if this bill were to move forward.
1:02:14
Assistant commissioner, you have a long history of doing tenant advocacy work.
1:02:17
Right?
Whitney Hu
1:02:20
I do.
Lincoln Restler
1:02:20
Yeah.
1:02:21
Do you wanna remind us on the record where you used to work?
Marti Weithman
1:02:25
Throughout my career, I've worked at, what used to be MFY Legal Services, and then I worked at Mobilization For Justice, which currently is, and also for the Goddard Riverside SRO Law Project.
Lincoln Restler
1:02:36
Great.
1:02:37
All impressive, all great work, and I think informs, the important work that you do today.
1:02:44
Great experience that informs the important work you do today.
1:02:46
So my understanding and you all can correct me if I don't have this right, because this is all state stuff, and I I will admit I get I a little confused when it comes to state law issues.
1:02:58
If a brand new air conditioner was in installed in an apartment, in a building with more than with a in a large rent regulated building, that the landlord could include in the rent 1 168th of the cost of the cooling unit in the installation if a air conditioner was installed in an apartment.
1:03:26
Do I have that right?
1:03:28
Do
Marti Weithman
1:03:29
I will.
1:03:29
I mean, it's been over 7 years since I've I'm actually, litigated on behalf of tenants, and I'm really now focused on housing maintenance enforcement.
Lincoln Restler
1:03:39
Perhaps deputy commissioner Joffe can help us here.
1:03:42
Sorry.
Lucy Joffe
1:03:42
No.
1:03:43
You're good.
1:03:43
Question.
1:03:43
So there's been some change in this area over the last few years.
1:03:47
There are going to be circumstances where an owner potentially could collect, an individual apartment improvement rent increase.
1:03:54
There also has been a change in the law, as of November 2022 So the owners can't charge rent stabilized tenants a surcharge for a self installed air conditioner.
1:04:06
So and but that also then depends on or has a caveat as to who is paying for the utilities.
1:04:11
So there has been, a step to protect tenants a bit more.
1:04:15
So it really would, depend on certain circumstances, but there can be situations in which if, where where an IAI could be added to the rent.
Lincoln Restler
1:04:26
Right.
1:04:27
And, you know, we've looked at average install costs on an air conditioner in the few $100 range, so let's just say $250.
1:04:37
That would likely be about 1.50 a month in additional rent, a dollar 50ยข, maybe couple dollars if if if the install cost was higher.
1:04:49
But it's worth noting that landlords are limited in the number of IEIs that they can impose on a tenant over an 18 year period.
1:04:55
Is that right?
Lucy Joffe
1:04:57
HSTPA did include protections to that effect.
1:05:00
Yeah.
Lincoln Restler
1:05:01
But 3 3 II increases over an 18 year period.
1:05:03
Do I have that right?
Lucy Joffe
1:05:04
You're testing all of my knowledge here.
1:05:06
I believe that's
Lincoln Restler
1:05:06
For 15 year period.
1:05:07
Excuse me.
1:05:09
That you're testing your knowledge.
Lucy Joffe
1:05:10
I believe that to be true.
Lincoln Restler
1:05:11
That sounds right?
1:05:12
Okay.
1:05:12
So and NII improvements do require the approval of the tenant.
Lucy Joffe
1:05:19
Yes.
Lincoln Restler
1:05:20
So so with tenant approval, you could see 2, 3, $4 increase, something in that range for an air conditioner device being installed in an apartment if it was one of the 3 IAI increases that a landlord tried to impose in a 15 year period?
Lucy Joffe
1:05:40
Under certain circumstances as you're describing others, yes.
Lincoln Restler
1:05:43
Okay.
1:05:44
I just wanted to make sure I have that right.
1:05:45
And then if I can't, just one or 2 more questions.
1:05:48
Thank you.
1:05:52
I would just love to ask, deputy commissioner Santiago, you and your team do, I think, a really impressive job during heating season, 100,000 or so inspections a year.
1:06:02
Is that right?
1:06:03
You respond to every heating issue within 48 hours thereabouts?
