What Is NYC Cooling Law Landlord Compliance Under Local Law 23 of 2026?

Local Law 23 of 2026, officially titled “Cool Homes For All,” requires NYC landlords to provide and maintain an approved cooling system in sleeping areas whenever a tenant requests one. The law took effect in January 2026 and full enforcement begins June 1, 2030. After that date, failing to supply or maintain cooling is a Class C “immediately hazardous” violation carrying civil penalties of up to $1,250 per day.

The law was introduced by Council Member Lincoln Restler (Int 0994-2024), passed by the NYC Council on December 18, 2025, and became law on January 20, 2026 after the mayor neither signed nor vetoed it. It amends the Housing Maintenance Code to add a cooling requirement, mirroring the heat mandate that has been on the books since 1918. For small owners of 2-to-4-family brownstones and pre-war walk-ups across Brooklyn, the Bronx, and upper Manhattan, this is the single most important new habitability obligation in a generation.

What Are the Key Compliance Dates and Temperature Standards?

Here is every deadline in one place. Memorize the March 1, 2028 date: that is when tenant requests become legally actionable, and your 60-day clock starts ticking.

Temperature standard: During the cooling season (June 15 through September 15), sleeping-area rooms must be maintained at or below 78°F whenever the outdoor temperature exceeds 82°F. HPD inspectors measure temperature at least three feet above the floor and at least three feet from any exterior wall.

The law applies to both market-rate and rent-stabilized units. NYCHA is exempt from the installation requirement but must submit a comprehensive cooling plan covering roughly 25 percent of its units by January 2028.

What Equipment Counts as an “Approved Cooling System”?

The law defines two compliant equipment categories. Your choice between them will drive the rest of your compliance cost, rebate eligibility, and Local Law 97 exposure.

• Non-central unit (window AC or window heat pump): Must have a minimum cooling capacity of 20 BTU per hour for each square foot of the space being cooled. A 150 sq ft NYC bedroom needs at least a 3,000 BTU unit; a 300 sq ft primary bedroom in a brownstone needs at least 6,000 BTU. Size to the room, not to the smallest compliant unit you can find.
• Centrally-supplied cooling system (ductless mini-split, VRF, or ducted): Must meet capacity rules established by the DOB and comply with NYC Building Code Section 1204.2.1. A properly sized multi-zone mini-split system covers multiple sleeping areas from a single outdoor condenser.

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 safety violation under the NYC DOB’s window-unit installation rules, independent of the new cooling mandate. This is a practical concern in pre-war brick buildings where window sills are narrow and cornices block clearance.

Window Unit vs. Mini-Split Heat Pump: Which Is Right for Your Building?

This is the decision no other compliance guide actually walks you through. The cheapest path to compliance on paper is not always the cheapest path when you account for Local Law 97 exposure, rebate eligibility, electrical capacity, and long-term maintenance.

The verdict for most small NYC building owners: If your building has gas or oil heat, a mini-split heat pump is almost always the correct compliance path. It satisfies Local Law 23 cooling requirements, reduces or eliminates your fossil-fuel heating load, qualifies for substantial Con Edison rebates, and earns the LL97 Beneficial Electrification credit during the 2024–2029 window. Window units make sense only if your building is already all-electric, you have no LL97 exposure, and your electrical service can handle the added load per unit. See our guide on electrical panel upgrades for mini splits in NYC to assess whether your service can handle either option.

How Does a Mini-Split Heat Pump Address Local Law 97 at the Same Time?

Local Law 97 requires most NYC buildings over 25,000 square feet to meet greenhouse gas emissions caps, with penalties of $268 per metric ton of CO2 over the limit. The 2030 compliance threshold tightens sharply, which is precisely why the city deliberately aligned the Local Law 23 enforcement date with that same year: owners doing emissions upgrades can satisfy both mandates with one project.

For small 2-to-4-family buildings that fall below the 25,000 sq ft LL97 threshold, the law’s direct penalties do not apply. But many owners of 5-to-20-unit rent-stabilized buildings in Brooklyn and upper Manhattan are covered. Here is how a heat pump install creates LL97 value:

• Beneficial Electrification credit: Installing a qualifying high-efficiency electric heat pump (generally requiring a COP of at least 1.5 at 5°F) during the 2024–2029 initial compliance period earns a credit that offsets your building’s calculated emissions. The credit is only available during this first compliance window, so early installs are worth more than installs done at the 2030 deadline.
• Fossil-fuel decommissioning: HVAC typically represents 30 to 75 percent of a building’s total greenhouse gas emissions. Decommissioning your gas boiler or oil burner and replacing it with a heat pump produces the single largest emissions reduction available for most residential buildings. For the full process in a brownstone context, see our guide on converting oil heat to a heat pump in a NYC brownstone.
• Service adequacy: Con Edison requires a service-adequacy check before releasing Clean Heat incentives on any electrification project. This is not just a rebate formality, it is a real constraint in pre-war buildings with 60-amp or 100-amp services and aging risers. Run this check early.

What Are the Actual Con Edison Rebate Numbers for Small Building Owners?

Con Edison’s Clean Heat program applies rebates as an instant invoice discount through a Participating Contractor, you never wait for a check. Here are the 2026 figures for the building types most commonly affected by Local Law 23:

• 1-to-4-family buildings, full replacement (fossil fuel system removed or disabled): $8,000, rising to $10,000 if the property is in a Disadvantaged Community (DAC).
• 1-to-4-family, partial replacement (existing system kept as backup): $2,500 standard, $4,500 in a DAC.
• Multifamily prescriptive (5+ units, ASHP with decommissioning): $5,000 per dwelling unit.
• Individual apartments in 5+ unit buildings: $1,000 to $5,000 per unit depending on scope.

The residential cap is 70 percent of total project cost, rising to 85 percent in a Disadvantaged Community. Rebates are filed by your Participating Contractor and deducted directly from your invoice. Note that heat pumps providing only cooling are not eligible for Clean Heat, the system must provide heating to qualify. This reinforces the window-unit-vs-heat-pump decision: a cooling-only window unit gets you zero rebate dollars.

For a full breakdown of how to stack these numbers, see our post on the Con Edison Energy Exchange Program and how to combine it with a heat pump installation. You should also review the comparison of EmPower+ versus Con Edison Clean Heat if any of your tenants may qualify for income-based no-cost programs that could shift the cost structure of your project.

What Are the Electrical Reality Checks for Old NYC Buildings?

This is the most commonly skipped step and the one most likely to blow your timeline. Pre-war brick buildings in the Bronx, upper Manhattan brownstones, and older rent-stabilized walkups in Brooklyn frequently have 60-amp or 100-amp single-phase service, aluminum wiring in risers, and panels last updated in the 1970s.

• Window units: A single 12,000 BTU window unit draws roughly 10-12 amps on a 120V circuit. Three units in a two-bedroom apartment can pull 30+ amps at startup. A building with four apartments, each running two or three units, may exceed a 100-amp service entirely. This means you need a feeder and riser upgrade before window units are even a workable option, which closes much of the apparent cost gap with mini-splits.
• Mini-split systems: A single-zone 12,000 BTU mini-split typically runs on one dedicated 20-amp 240V circuit. A three-zone multi-family system may need a 40-60 amp circuit for the outdoor unit. Total building load is often lower than the equivalent number of window units running simultaneously.
• Con Edison service adequacy check: Required before Clean Heat rebates are released. Schedule this as your first step, not your last. If your service is undersized, the upgrade cost needs to go into your compliance budget before you compare window-unit and mini-split costs.

How Do Rent-Stabilized Buildings Handle Costs and Rent Increases?

Local Law 23 applies equally to market-rate and rent-stabilized units. For rent-stabilized buildings, owners have two cost-recovery mechanisms:

• Permanent rent increase (Major Capital Improvement): Owners can apply to DHCR for a permanent rent increase tied to the cost of AC installation. The calculation is based on actual project cost divided across units and amortized over a set period.
• Interim electricity surcharge: In buildings where electricity is included in the rent, landlords may charge a monthly surcharge per installed unit. The 2024–2025 rate was set at $34.88 per unit per month. This figure adjusts periodically.
• Tenant pays electricity: In the more common structure where tenants pay their own ConEd bill, tenants bear the operating cost of the cooling unit directly. The landlord’s obligation is to supply and maintain the equipment.

What Are the Hardship Waiver and 2-Year Extension Options?

The law includes a formal hardship waiver and extension mechanism for owners who face genuine obstacles. Extensions are granted in two-year increments and require formal application and approval. Qualifying grounds include:

• Documented inability to obtain financing for the required electrical or HVAC work
• Active landmark or LPC restriction that prevents equipment installation without approval that has been applied for and delayed
• Demonstrated building structural constraints that make installation technically infeasible within the standard timeline

A waiver is not a pass on compliance, it is a documented, approved delay. You must apply before the violation attaches, not after. Owners who simply miss the 2030 deadline without a filed waiver face the full Class C violation classification and penalties of up to $1,250 per day. A first violation corrected within 24 hours carries a reduced penalty as low as $250, but that window is extremely narrow for a structural HVAC issue.

Your 6-Step NYC Cooling Law Compliance Checklist

1. Audit your building’s electrical service now (2026–2027). Determine whether your panel, feeder, and risers can handle additional HVAC load. An upgrade may take months to permit and schedule through Con Edison.
2. Decide: window units or mini-split heat pump. Use the comparison table above. If you have gas or oil heat, a heat pump almost always wins on total cost after rebates and LL97 value.
3. Size equipment to the 20 BTU/sq ft minimum. Measure every sleeping area in each unit and size the cooling system to at least 20 BTU/hr per square foot. Undersized equipment will not pass an HPD inspection.
4. Confirm DOB permit requirements. Window unit installations above certain floors or in landmark districts require DOB or LPC sign-off. Mini-split installations in NYC require a permit in most cases. See our full breakdown of when a NYC mini-split permit is required.
5. File for Con Edison Clean Heat rebates before installation begins. Projects must not have begun installation at the time of program submission. Use a Con Edison Participating Contractor to get the instant invoice discount.
6. Set up your annual inspection protocol. The law requires at least one inspection per cooling unit per year, completed no later than 30 days before June 15. For multi-zone mini-split systems, this is one service call. For a building full of window units, it is a unit-by-unit task. Plan accordingly.

Common Mistakes to Avoid

• Buying window units before checking electrical capacity. Multiple window units on older wiring can create a fire hazard and trip breakers under load, resulting in a tenant heat-complaint cycle on top of your LL23 compliance problem.
• Using wood blocks or bricks to support a window unit. This is an independent safety violation under NYC DOB rules. Metal brackets fastened to the building envelope are required.
• Installing cooling-only equipment and expecting a Con Edison Clean Heat rebate. The program requires heating capability. A cooling-only window AC unit does not qualify.
• Waiting until March 2028 to start planning. Electrical upgrades, permit filings, and contractor scheduling in a hot compliance market can take 6–18 months. Start now.
• Confusing the LL97 building-size threshold. LL97 directly penalizes buildings over 25,000 sq ft. A 2-to-4-family brownstone is typically exempt from direct penalties but the Beneficial Electrification credit still applies and is worth capturing before the 2029 deadline closes.
• Skipping the Con Edison service-adequacy check. This check must happen before rebates are released on any electrification project. Discovering a service problem after installation delays your rebate payment and may require rework.
• Applying for a hardship extension after the violation attaches. Extensions must be filed and approved before the compliance deadline, not in response to an HPD notice of violation.

Frequently Asked Questions

When do NYC tenants start requesting AC under Local Law 23 of 2026?

Tenants can begin formally requesting a cooling system from their landlord on March 1, 2028. Once a written request is received, the landlord has 60 days to install an approved cooling system. Full HPD enforcement of the mandate begins June 1, 2030. Both market-rate and rent-stabilized tenants have this right.

What is the minimum BTU requirement for a window AC unit under NYC’s cooling law?

For non-central units (window AC or window heat pumps), the law requires a minimum cooling capacity of 20 BTU per hour for each square foot of floor area in the space being cooled. A 200 sq ft bedroom requires at least 4,000 BTU. Size to the actual room, not to the smallest compliant product available.

Can a mini-split heat pump satisfy both Local Law 23 and Local Law 97?

Yes, in most cases. A properly sized, cold-climate air-source heat pump satisfies the Local Law 23 cooling requirement in sleeping areas and, by replacing or displacing a fossil-fuel heating system, reduces the building’s greenhouse gas emissions for Local Law 97 purposes. Installing during the 2024–2029 compliance window also earns the LL97 Beneficial Electrification credit. The system must provide both heating and cooling to qualify for Con Edison Clean Heat rebates, cooling-only units are ineligible.

How much can a small NYC landlord receive from Con Edison for a heat pump that also satisfies the cooling mandate?

For 1-to-4-family buildings, a full heat pump replacement (fossil fuel system decommissioned) pays $8,000 standard or $10,000 in a Disadvantaged Community. For multifamily buildings with five or more units, the prescriptive track pays $5,000 per dwelling unit. Rebates are applied as an instant invoice discount by a Participating Contractor, no waiting for a check. The residential cap is 70 percent of total project cost.

What is the penalty for not complying with NYC’s cooling law after 2030?

After June 1, 2030, failure to provide or maintain a cooling system upon tenant request is classified as a Class C “immediately hazardous” violation by HPD. Civil penalties can reach up to $1,250 per day. A first violation corrected within 24 hours may carry a reduced penalty, but the 24-hour window is not realistic for most structural HVAC installations. Hardship waivers providing 2-year extensions are available but must be applied for and approved before the violation attaches.