In January, 2026, the New York City Council passed Intro 994-A, now Local Law 23 of 2026. This law adds a new cooling requirement to the NYC Housing Maintenance Code. In broad terms, the law will require owners of covered dwellings to install and maintain air conditioning in tenant-elected rooms on a phased timetable. The full text of the law is available HERE. This client alert addresses principal dates, scope, and election process under the new law.
Principal Dates And Coverage
The law was enacted in January 2026, but most of its operative requirements will apply in phases. Starting March 1, 2028, tenants may elect to receive cooling in a covered room by making a request under the statute. The crucial enforcement date is June 1, 2030. Beginning then, owners of covered units will be required to provide cooling systems for elected rooms within the time allowed by law. A separate annual inspection and maintenance requirement begins on June 1, 2031.
The law applies to covered dwellings, including multiple dwellings and tenant-occupied one- and two-family dwellings, and it applies to both market-rate and regulated housing. It also applies to tenant-occupied condominium and cooperative units, where, for these purposes, the owner is the unit owner or shareholder of record.
Tenant Election And Installation
For covered private housing, the owner’s obligation is tied to the tenant’s election. Once the tenant makes an election to have cooling system in the manner required by the law, the owner has 60 days to install the system. During the cooling season (June 15 through September 15), the law requires adequate cooling, defined as an indoor temperature of no greater than 78 degrees in the covered room.
The statute also distinguishes between installation cost and operating cost. The owner is responsible for supplying and installing the unit, while the tenant remains responsible for the electricity used to operate it. In rent-regulated housing, the law also addresses how owners may seek rent treatment connected to the installation.
Notice, Inspection, And Maintenance
The law establishes a notice-and-maintenance framework that begins before the 2030 installation deadline. HPD is directed to prepare a required tenant notice regarding the law by January 1, 2028. Starting March 1, 2028, owners must include that HPD notice with new leases and lease renewals. Separately, between March 1, 2028, and September 1, 2029, Owners must distribute the notice to all existing tenants and post it prominently in the building. Beginning June 1, 2031, installed cooling systems must be inspected and maintained annually, and owners must keep records of those inspections.
Extensions And Enforcement
The law also recognizes that some buildings may not be able to comply with the standard timetable. Owners facing electrical-capacity limits or similar building conditions may apply for a hardship extension. Any extension must be approved, and the law limits that relief to periods of no more than 2 years at a time. Owners with older infrastructure should identify those issues well before June 1, 2030.
Failure to provide or maintain cooling as required is treated as a Class C violation, subject to a 14-day cure period. HPD will enforce those provisions once the deadlines are effective. Until such time, owners have time to assess building systems, decide how to track tenant elections, and prepare the lease, maintenance, and inspection procedures the law will require.
The foregoing is not intended to be comprehensive nor constitute legal advice. If you would like to discuss your specific circumstances or would like more information, feel free to contact us at (212) 625-8505.