A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to cooling systems in tenant-occupied dwellings

Summary

This local law, Int. No. 994-A, establishes a "right to cooling" for tenants in New York City, amending the administrative and building codes to mandate cooling systems in tenant-occupied dwellings. The legislation, sponsored by Council Member Restler and others, aims to protect residents from extreme heat, which causes over 500 premature deaths annually in NYC, disproportionately affecting low-income and Black/Brown communities.

Key Provisions:

• Cooling Mandate: By June 1, 2030, owners must provide cooling systems capable of maintaining no more than 78°F in covered rooms (primary sleeping areas) of tenant-occupied units, upon tenant election. For buildings with owner-controlled centrally-supplied cooling systems, owners must maintain this temperature during the June 15 - September 15 cooling season.
• New Construction: Building Code amendments, effective June 1, 2030, will require new construction to meet ASHRAE 55 and 62.1 standards for temperature and humidity in covered rooms.
• Tenant Protections & Costs: The Department of Housing Preservation and Development (HPD) will create rules to limit tenant operating costs and inform tenants about potential rent increases for rent-regulated units (e.g., Individual Apartment Improvements, estimated at $2-5 per month). Tenant consent is required for such improvements in rent-regulated units.
• NYCHA Compliance: The New York City Housing Authority (NYCHA) must develop a comprehensive plan by January 1, 2028, to provide adequate cooling to at least one covered room in 25% of its units by June 1, 2030, with ongoing expansion. This is estimated to cost NYCHA approximately $68 million in upfront capital.
• Enforcement & Outreach: HPD will conduct annual inspections from June 1, 2031, and report annually on program uptake and complaints. Extensive outreach programs for both tenants (energy saving tips, utility assistance) and owners (energy efficiency, passive cooling, incentives) will be implemented. Violations are classified as Class C immediately hazardous.
• Hardship Extensions: Owners facing undue hardship (financial, major electrical upgrades, landmark status) can apply for 2-year renewable extensions.

Citizen Impact

This law provides a legal right to cooling in primary sleeping areas during the summer, directly addressing a major public health threat. While tenants in individually metered units will bear electricity costs, HPD will implement rules to limit these costs and provide information on utility assistance programs. For rent-regulated tenants, any associated rent increases for cooling system installations will be regulated and require tenant consent. This aims to reduce heat-related illnesses and deaths, particularly benefiting vulnerable populations in historically underserved communities.

Confidence

high