Here's How To Avoid An NYC Air Conditioner Nightmare

NEW YORK — New York City's dense summer heat can be unbearable — but so can the worries that come with buying an air conditioner. How exactly does it fit in a window? What happens if it comes loose and crashes to the ground? Who has to pay if it lands on a car — or worse, a passerby?

Thankfully, the worst-case scenario is pretty rare — the city's Department of Buildings says it has recorded just one falling air-conditioner incident in the last five years, though the agency is generally notified only when there's an injury.

But there's an easy way to avoid such a nightmare: Read the directions.

"When putting in a window air conditioner unit, our number one piece of advice to New Yorkers, is follow the installation instructions that came from the manufacturer," DOB spokesman Andrew Rudansky said in an email.

New Yorkers don't need a permit to install a common AC unless it's bigger than three tons or runs at more than 36,000 BTUs per hour, according to the DOB. But the department recommends getting permission from building management and making sure your window is in good shape before installing one.

Once you've picked out a machine to blast you with icy air, don't skip any steps to put it securely in place. Many units are heavy enough to need brackets to attach them to the side of the building, Rudansky said. You should also use secure objects to keep the AC level and prevent vibrations, wind and other conditions from moving it, according to the DOB.

A shoddy installation could cause your chiller to take a leap of faith. That happened on June 2, 2016, when an AC fell from the second floor of a building on East 105th Street in Manhattan and hit a building superintendent standing on the sidewalk below, according to the DOB. The injured super was taken to a hospital, the department said.

An incident like that could cause headaches for tenants and landlords alike, according to real estate attorney Dean M. Roberts.

"If an air conditioner falls out and there's a damage claim, everyone's gonna get sued," said Roberts, who practices with the law firm Norris McLaughlin.

Liability starts with the owner of the air conditioner, Roberts said, but whoever gets hurt or has their property smashed by the falling machine would likely go after everyone involved. That would include the landlord as well as the superintendent if he or she installed the unit, he said.

"If a lawsuit is started, everyone's getting named and the court will sort out who's on the hook," Roberts said.

The Department of Buildings also slaps property owners with violations if an AC falls out a window or is found to be improperly installed, Rudansky said. Propping up a window unit with wooden blocks or bricks is one of the most common reasons for a violation, he said.

"This hazardous condition can pose a real danger to the public, as the items underneath the A/C can easily become loose and fall to the sidewalk below," Rudansky said.

Even if a landlord gets hit with a fine, residential leases generally include provisions that would make tenants responsible for any damages or violations that stem from their air conditioners, Roberts said.

New Yorkers can protect themselves against a big hit to their wallets by getting renter's insurance, Roberts said. While it can't reimburse renters for penalties, insurance would cover a damage or injury claim, he said — "absent you throw the thing out the window because you were mad at your girlfriend or you install it using bubble gum."