The law at a glance
Local Law 23 of 2026 amends the NYC Housing Maintenance Code to require most landlords — market-rate and rent-stabilized — to provide and maintain a cooling system for any tenant who requests one, with a phased rollout that gives owners several years to plan the capital expense.
| Date | What happens | Who acts |
|---|---|---|
| January 20, 2026 | Local Law 23 enacted | Owners begin assessments |
| March 1, 2028 | Tenants may formally request cooling | Landlord has 60 days to install after a valid written request |
| By June 15 annually | Pre-season inspection required | Owner (or their contractor) |
| June 1, 2030 | Full HPD enforcement begins | HPD inspectors respond to 311 complaints |
The temperature standard
During the cooling season (June 15 through September 15), sleeping-area rooms in covered units must be maintained at or below 78°F whenever the outside temperature exceeds 82°F. HPD inspectors measure the interior temperature at least three feet above the floor and at least three feet from any exterior wall — a specific placement rule designed to keep the reading out of pockets of unusually cool or warm air.
If a covered unit fails the standard after March 1, 2028 and the landlord does not remedy within 60 days of the tenant’s written request, the violation becomes a Class C “immediately hazardous” classification under HPD rules once enforcement begins, carrying civil penalties of up to $1,250 per day.
What must be installed
The law recognises two approved paths:
- Non-central unit (window AC or window heat pump): must provide at least 20 BTU per hour per square foot of the sleeping space. A 150 sq ft NYC bedroom needs at least a 3,000 BTU unit; a 300 sq ft primary bedroom needs at least 6,000 BTU.
- Centrally-supplied cooling (ductless mini-split, VRF, or ducted central air): must comply with NYC Building Code Section 1204.2.1 capacity rules set by the Department of Buildings.
Window units must be secured with metal brackets or mounting rails fastened to the building envelope. Using loose bricks, wood blocks, or anything other than a proper metal bracket is a distinct safety violation under DOB window-unit installation rules, independent of the cooling mandate — and unsafe bracketing has been a source of injuries and fatalities in NYC for decades.
Who pays for what
| Cost | Landlord | Tenant |
|---|---|---|
| Equipment purchase | ✔ | |
| Professional installation | ✔ | |
| Annual pre-season inspection | ✔ | |
| Repair and maintenance | ✔ | |
| Electricity to run the unit | ✔ |
Rent-stabilised tenants should be aware that installation can trigger a permanent Individual Apartment Improvement (IAI) rent adjustment; owners in buildings where electricity is included in rent may charge a fixed monthly surcharge per installed unit, set annually by DHCR.
Rent-stabilised nuances
If your apartment is rent-stabilised or rent-controlled and you moved in with a working cooling system, the landlord must maintain that service for the entire tenancy under DHCR “required services” rules — regardless of Local Law 23. If the landlord fails to maintain a cooling system that was in place at move-in, you can file a DHCR service-reduction complaint separately from any HPD complaint.
Tenants installing their own window units
Independent of Local Law 23, a 2008 amendment to the Housing Maintenance Code (NYC Admin. Code § 27-2047 and related provisions) generally prevents landlords from unreasonably withholding consent for a tenant to install a personal window AC, provided the building’s wiring can safely handle it. Owners may charge a modest electricity surcharge but cannot exceed what the local utility or PSC permits.
What happens after June 1, 2030
Once enforcement begins, tenants can call 311 to file a cooling complaint. HPD dispatches an inspector, who measures against the 78°F/82°F standard. Confirmed violations can escalate to daily civil penalties, with hardship-waiver applications available for owners who need additional time in two-year increments.
NYCHA operates on a different timeline: rather than the tenant-request model, it must publish a comprehensive cooling plan by January 2028 covering at least 25% of its units by June 1, 2030.
Practical checklist for tenants
- Confirm whether your building is covered — most residential rentals are, with different timelines for NYCHA.
- If you plan to request AC on March 1, 2028, keep a written record of the request and any landlord response.
- If a landlord-provided unit exists but is failing to hold 78°F when it’s over 82°F outside, document the readings and file at 311 after enforcement begins.
- Never accept a window unit supported only by wood blocks or loose bricks — that is a separate DOB safety violation regardless of the cooling mandate.
Practical checklist for owners
- Inventory covered sleeping rooms and confirm building electrical capacity for window or mini-split loads.
- Get written quotes now for the phased rollout; contractors will be capacity-constrained closer to March 2028.
- Confirm every installation uses approved metal brackets and follows NYC Building Code Section 1204.2.1.
- Schedule the annual pre-June-15 inspection into your operating calendar.
Sources
- NYC Housing Maintenance Code (PDF) — nyc.gov
- NYC Housing Preservation & Development — nyc.gov/site/hpd
- NYC Department of Buildings — Window Unit Installation Rules — nyc.gov/site/buildings
- NY State Homes & Community Renewal (DHCR) — hcr.ny.gov