§ 27-2030 Provision of cooling systems.
AC § 27-2030
a. Definitions. For purposes of this section, the following terms have the following meanings: Adequate cooling. The term “adequate cooling” means cooling sufficient to maintain an indoor air temperature of no greater than 78 degrees Fahrenheit, measured at least 3 feet above the floor and at least 3 feet away from any exterior wall, provided that the department may adjust such requirement by rule if such indoor air temperature is not technologically feasible. Approved cooling system. The term “approved cooling system” means (i) a non-central cooling system with a cooling capacity of no less than 20 British thermal units per hour for each square foot of floor area within such cooling system’s cooling area or an alternative cooling capacity established by the department by rule consistent with the purposes of this section that has been approved by the department of buildings, where such approval is required pursuant to the New York city building code, provided that the cooling capacity in British thermal units or such other cooling capacity is visible at the front of such cooling system, and provided further that, where such cooling system is installed in a window, such cooling system is installed in compliance with chapter 12 of title 24 of the rules of the city of New York; or (ii) a centrally-supplied cooling system with a cooling capacity designated by the department of buildings by rule that complies with section 1204.2.1 of the building code and is approved for installation by the department of buildings in accordance with applicable requirements. British thermal unit. The term "British thermal unit" means the amount of energy needed to heat one pound of water by 1 degree Fahrenheit. Centrally-supplied cooling system. The term “centrally-supplied cooling system” means a cooling system that distributes cooled air to more than one dwelling unit from a central location. City financial assistance. The term “city financial assistance” means any loans, grants, tax exemptions, or tax abatements conveyed or provided by the city other than as-of-right assistance. Cooling area. The term cooling area means: 1. For a centrally-supplied cooling system, all rooms provided with cooled air from such centrally-supplied cooling system, including hallways, if applicable; and 2. For a non-central cooling system, any room where such cooling system or a component thereof is installed. Cooling season. The term “cooling season” means June 15 through September 15. Cooling system. The term “cooling system” means a system or appliance capable of cooling and regulating the air temperature of an indoor space. Covered dwelling. The term “covered dwelling” means a multiple dwelling or a tenant-occupied 1- or 2-family dwelling, other than a multiple dwelling utilized for emergency temporary housing by or on behalf of the city. Covered dwelling unit. The term “covered dwelling unit” means a tenant-occupied unit in a covered dwelling. Covered room. The term “covered room” means a room in a covered dwelling unit which either is known by the owner of such dwelling unit to be used as the primary sleeping place of a permanent occupant of such dwelling unit or is foreseeably used as the primary sleeping place of a permanent occupant of such dwelling unit. Non-central cooling system. The term “non-central cooling system” means a cooling system other than a centrally-supplied cooling system. Owner of a covered dwelling unit. The term "owner of a covered dwelling unit" means the owner of the covered dwelling containing such unit, except that: 1. For a covered dwelling unit owned as a condominium, such term means the condominium unit owner; and 2. For a covered dwelling unit in a dwelling held in a cooperative form of ownership, such term means the shareholder of record named on the proprietary lease for such unit. Owner-controlled centrally-supplied cooling system. The term “owner-controlled centrally-supplied cooling system” means a centrally-supplied cooling system in a dwelling where the owner of such dwelling (i) pays for the electricity costs of operating such system and (ii) controls such system’s temperature setpoint. Permanent non-central cooling system. The term “permanent non-central cooling system” means a non-central cooling system that is a permanent fixture of a covered dwelling. Rent regulated unit. The term “rent regulated unit” means a dwelling unit required by law or by an agreement with a governmental entity to be regulated in accordance with the emergency tenant protection act of 1974, the rent stabilization law of 1969, or the local emergency housing rent control act of 1962. b. Provision of approved cooling systems capable of adequate cooling.
1.Beginning June 1, 2030, the owner of a covered dwelling unit shall during the cooling season keep such dwelling unit equipped with 1 or more cooling systems capable of providing adequate cooling to each covered room in such dwelling unit, provided that: (a) The tenant of such dwelling unit has elected, in the manner set forth in subdivision c of this section, to make such covered room subject to the requirements of this paragraph; (b) Such election has taken effect pursuant to subdivision c of this section; and (c) If such dwelling unit is a rent regulated unit, the tenant of such dwelling unit has provided consent to any improvements that would be necessary for the owner to reasonably provide adequate cooling and any associated charges in a manner that is consistent with applicable state law and regulations.
2.Beginning June 1, 2030, the owner of a covered dwelling unit which has a centrally-supplied cooling system or a permanent non-central cooling system shall maintain such equipment such that it is capable of providing adequate cooling during the cooling season.
3.For purposes of determining compliance with paragraph 1 of this subdivision, there shall be a rebuttable presumption that an approved cooling system is capable of providing adequate cooling to any covered room within such system’s cooling area. The department shall adopt rules consistent with the purposes of this section establishing when and how such a presumption may be overcome.
4.The department shall adopt rules establishing minimum requirements for cooling systems furnished pursuant to paragraph 1 of this subdivision. Such requirements shall be designed to limit the cost to tenants of operating such units.
5.The department may adopt rules establishing installation and maintenance standards for cooling systems furnished pursuant to paragraph 1 of this subdivision. b-1. Cooling provided via owner-controlled cooling systems. During the cooling season of each year beginning in the year 2030, in any covered dwelling in which cooling is provided via an owner-controlled cooling system, the owner of such dwelling shall furnish cooling sufficient to provide each covered room in such dwelling with adequate cooling. c. Tenant opt-in procedures.
