Surcharge for air conditioning

[irisham]

What's this about an air-conditioning surcharge I see in "A Guide To Tenants Rights"? A landlord in a RS or RC apartment has a right to levy a monthly surcharge on the rent of a tenant who installs an air conditioner, even if the landlord doesn't pay for the electricity. How much is the surcharge typically?

What's the justification for that, especially if we pay for the juice?

Fortunately, my LL hasn't attempted to assess that in the years I've been here.

[jot0n0]

The surcharge is $5.00 per-month for each installed air conditioner unit that protrudes beyond the window line. Once installed and after the $5.00 surcharge has been collected, the tenant may not, without the owner's permission remove the air conditioner and demand that the surcharge be dropped.

If owner hasn’t charged you the surcharge for years, you're safe. An owner must charge a tenant for an air conditioner at the time the units are initially installed, or within a reasonable period of time after its installation. If the owner fails to charge the tenant within a reasonable period of time after the installation, the owner waives the right to collect the charge.

My theory (somebody correct me if I'm wrong) for the surcharge is the additional liability burden LL assumes for a air conditioner hanging half-way out a window and the potential injuries and property damages should said unit fall out the window. The DHCR Fact Sheet #27 mention only air conditioner unit that "protrudes beyond the window line" is charged. If this is the case, one can assume having a floor standing air conditioner unit that vent the exhaust through a vent pipe out the window would not be assess the surcharge.