One of the most frequent question we receive is regarding the legality of installing air conditioning condensers in residential open space.

 

People see various types of  HVAC condensers installed in court yards and rear yards and ask why they are not permitted to do the same.

 

The installation is governed by the NYC Building Codes, The New York City Zoning Resolution and the New York State Multiple Dwelling Law.

 

The Zoning Resolution and the NYS Multiple dwelling laws do not permit HVAC condensers in either, open space, court yards, or required yards

 

The following are the applicable regulations which prohibit the installation of any air conditioning equipment is residential open space.

 

ZR 23-12 Permitted Obstructions in Open Space

Air Conditioning condensation units are not on this list of permitted obstructions other than one or two family homes

 

ZR 23-44 Permitted Obstruction in Required Rear Yards or Rear Yard Equivalents

Air Conditioning condensation units are not on this list of permitted obstructions other than one or two family homes

 

ZR 23-87 Permitted Obstructions in Courts

Air Conditioning condensation units are not on this list of permitted

 

This Building is also a Multiple Dwelling and is governed by the NYS Multiple Dwelling Law (MDL)

MDL  Sec 26 (9) list “permitted obstructions”

Air Conditioning condensation units  are not on this list of permitted obstructions