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This was in the NYT in 2011 - does anyone know if it is still true?
The Installation Of an Air-Conditioner
Q I am a tenant in a five-story rent-stabilized building. My landlord informed me in a letter that the law requires me to hire a licensed contractor to install a bracket under my small window air-conditioner. There is nothing about this in my lease. What am I required to do by law?
A Jonathan H. Newman, a Manhattan real estate lawyer, said that while all air-conditioners must be installed in a “safe, stable and secure manner,” no particular installation method is mandated other than for machines larger than 36,000 B.T.U. But because an improper installation can expose both landlord and tenant to personal liability, it’s in everyone’s best interests to ensure that the unit is securely attached. More information can be found on the Department of Buildings Web site at www.nyc.gov. (Search for air-conditioner installation tips.)
The current interpretation seems to be, according to our Insurance Company inspection report, our Management Company and comments by a DOB inspector: is that all thru the window units need to be supported by a bracket that carries the full weight of the AC unit and is attached to the window frame, independently of the AC unit itself, such that if someone opens the window the unit cannot fall out and down. Depending on the size of the AC unit these brackets can run from $30-75.00 plus installation. They have to be installed properly. There is no rule that says it has to be by a licensed Contractor, only that it is understood that you and the Coop are liable if it fails due to inadequacy of type/size/manufacture or a failure to install properly. It took 8 months for people to comply and we had to send the super around to yank the last 8 units that shareholders were ignoring. We charged for the removal, and will charge for the brackets and re-installation this spring. The penalty for failure due to fines and real liability is huge. It is not just the front of the building on the street. It is all units in all windows as they can fall and whack an employee, a contract worker, neighbor or playing child. Everyone accesses yards, passageways, and service entrances at some point. If it's on their head, it's on your head...! (we also had to make everyone take the flowerpots etc. off of the fire escapes as well. Insurance Co. and the Fire Department will nail you for that, big time.
I cannot emphasize enough how important it is that every through-the-window A/C unit be supported by a properly sized and installed bracket. At just about the time we started a project in my building to bring every unit into compliance there was a story in the news about an A/C unit that fell out of a window and into the play area of day-care center no more than 5 minutes after the children went back inside. We sent a copy of that article to every shareholder who balked, and we now have 100% compliance. We billed back the cost of each bracket and installation to the shareholder.
It is better if staff is not allowed to do this. The coop can be liable for millions.
The individual apartment owner will not be liable unless they pay him.
However the coop will also probably be liable.
If he drops it on his foot - the coop is liable.
Hire an insured person.
If you have a casement sleeve unit - you can do it yourself if the case has the proper safety bar attached.
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The current interpretation seems to be, according to our Insurance Company inspection report, our Management Company and comments by a DOB inspector: is that all thru the window units need to be supported by a bracket that carries the full weight of the AC unit and is attached to the window frame, independently of the AC unit itself, such that if someone opens the window the unit cannot fall out and down. Depending on the size of the AC unit these brackets can run from $30-75.00 plus installation. They have to be installed properly. There is no rule that says it has to be by a licensed Contractor, only that it is understood that you and the Coop are liable if it fails due to inadequacy of type/size/manufacture or a failure to install properly. It took 8 months for people to comply and we had to send the super around to yank the last 8 units that shareholders were ignoring. We charged for the removal, and will charge for the brackets and re-installation this spring. The penalty for failure due to fines and real liability is huge. It is not just the front of the building on the street. It is all units in all windows as they can fall and whack an employee, a contract worker, neighbor or playing child. Everyone accesses yards, passageways, and service entrances at some point. If it's on their head, it's on your head...! (we also had to make everyone take the flowerpots etc. off of the fire escapes as well. Insurance Co. and the Fire Department will nail you for that, big time.
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