Our building in Woodside (12 units, prewar, rent-stabilized) got a new management company in March. Last week they slid a letter under everyone's door saying that starting next month all window AC units need a 'safety sleeve inspection' at $150 per unit, plus $25 per month per AC for 'ongoing maintenance, insurance compliance, and electrical load.' They want us to sign a 'lease addendum' with these fees at our next renewal.

The lease I signed says nothing about AC charges. The sleeves were already in the walls when I moved in; tenants supply their own units. My rent has always included electricity, so I'm already paying for the power the AC uses through the legal rent. I don't want to sign an addendum that creates a new recurring fee outside the rent ledger.

My read is that a rent-stabilized landlord can't invent a separate amenity or maintenance charge mid-relationship, and that if they want more money they'd need a proper rent increase or a DHCR order, but I'd like to hear from anyone who's fought one of these 'AC surcharge' letters before. Did your management company back off? Did you file a complaint? Should I expect them to try to fold this into the renewal as a higher legal rent? I've lived here eight years and this is the first time anyone's mentioned AC fees. I'd rather not set a bad precedent by signing something without a fight.

Ha, yeah, that's a classic. My buddy in Sunnyside had the same letter from a new management company—same $25/month story. Their tenant association sent a one-page response citing DHCR and the fee disappeared by the end of the week. Don't sign anything.

If the sleeves are building equipment and the lease says rent includes electricity, they can pound sand. The $150 'inspection' is just an excuse to create a new line item. They would need a DHCR order or an MCI to pass that through, not a letter under the door.

Ask them for the DHCR docket number and watch them get real quiet.

Oh wow, I had no idea this was a thing. I'm in a market-rate unit in Dyker Heights (hence the name) and my landlord just told me when I moved in that I had to pay a $50 'AC setup fee' plus $10/month if I wanted to run a window unit. I thought it was normal because my lease did mention 'AC fees as posted.' Is that legal? I'm new to NYC and didn't question it at the time.

Also, if the building provides the sleeve, doesn't that mean they can charge for it? Sorry if that's dumb. I'm following this because I might need to push back too.

DykerNewbie, market-rate is a different animal. If your lease actually has a line saying you agree to AC fees and you signed it, you have less room, though they still can't add surprise fees mid-lease. But in a rent-stabilized unit, the whole point is that all recurring charges for essential or building-related services have to be in the legal rent — they can't tack on side fees unless DHCR approved it or the original lease specifically allowed it.

The sleeve being building property doesn't automatically let them charge a monthly 'maintenance' fee. The building is required to maintain the apartment and common equipment. A sleeve is essentially a hole in the wall with a metal box; keeping it sealed and safe is on them. If they want to argue the AC creates extra electrical load beyond what the rent covers, they'd have to prove that and get DHCR to approve a rent adjustment. They can't just invoice you.

My advice, for what it's worth:

• Do not sign the addendum.
• Send a certified letter or email disputing the fee and asking for the specific lease clause or DHCR order permitting it.
• Keep paying your legal rent on time. Do not pay the AC fee.
• If they put it on your ledger as arrears, get a rent history and consider a DHCR overcharge complaint.

I dealt with a similar 'water meter reading fee' in a stabilized unit years ago. Once I asked for the DHCR order, the fee vanished. New management companies count on tenants just paying because $25/month doesn't seem worth a fight.

Yup, exactly. If it's not in your original lease and DHCR hasn't approved it, they can kick rocks.

One thing I'd add: check whether your rent was ever reduced for electricity. In some prewar buildings there was a rent reduction order decades ago because the landlord stopped including electricity for AC or changed the charges. If that's the case, they may actually be able to charge, but then the charge would be on the rent registration, not a side addendum. You can pull the rent history from DHCR or just ask for a copy of the registration.

Also, if you have a tenant association or even a group text for the building, get everyone on the same page. They count on one or two people folding.

Thanks both. I emailed my landlord this morning asking for the clause and he just said 'it's standard building policy, all tenants pay it.' But my lease says only the base rent and a $25 pet fee, nothing about AC. I'm going to keep pushing.

One more question: if they won't back down, can I file something with DHCR online? I don't want to wait until they try to evict me. The letter says they'll put the fee on my account as 'additional rent' next month. Is that a thing?

Yes, 'additional rent' is exactly the phrase they use to make a side fee feel enforceable. Unless the lease says you owe that specific fee as additional rent, it's not enforceable just because they print it on a letter. In a rent-stabilized lease, calling it 'additional rent' doesn't convert an illegal charge into a legal one.

If they actually invoice you for it, you can file a DHCR overcharge complaint (Form RA-89, I believe) once it's on your ledger. But before that, I'd send a formal written dispute. Something like:

'I am not agreeing to the proposed AC inspection or monthly maintenance fee. My lease does not provide for this charge, and I am not aware of any DHCR order authorizing it. Please cite the specific legal basis for the charge. I will continue to pay my legal rent.'

Mail it certified or use email if you have a property manager who acknowledges email. Keep a copy. If they threaten non-renewal or call it arrears, that can become a harassment complaint with DHCR or the state Homes and Community Renewal.

One caveat: if there's an old lease rider you forgot about—check every page, including renewal riders—that mentions AC fees, your position is much weaker. But if the lease is silent, don't sign the addendum, and don't let them scare you with 'insurance compliance.' That's their operating cost, not a tenant surcharge.

Yup. I'd also pull up the building's DOB and HPD records to see if there are any open violations for the sleeves. A lot of these inspection fees pop up after a violation or insurance carrier flags the building. If they're trying to make tenants pay for a building-wide repair, that's even more reason to tell them to get lost.

DykerNewbie, do not pay it if they add it to your portal. Pay your normal rent by check or portal but subtract the fee and write 'AC fee disputed' in the memo. They'll threaten late fees, but those late fees also aren't legal if the underlying charge is bogus.

Update: I sent the email using your wording, financial_district_f, and added that I'd file with DHCR if they put it on my ledger. Radio silence for two days, and now the charge disappeared from the online portal. They haven't admitted anything, but I'm not paying it. Thank you both so much.

Woodhaven_W, I checked the lease pages—no rider about AC. So I think I'm good. If they try again at renewal, I'll come back here for advice. This city is wild, but at least now I know not to just pay random fees.