Dear PoPville – Is it legal to charge for A/C year-round?

Photo by PoPville flickr user ekelly80

Dear PoPville,

I’m planning to move into a larger apartment in the same building that I’ve lived in for ten years. The terms for the new unit seem peculiar though and I wonder if they are legal.

The building manager told me that the new apartment includes utilities and air conditioning (they provide two A/C units). The terms outlined in the lease application are a little different however. The document breaks the monthly payment down like this: Rent plus $160 monthly A/C fee minus a concession.

I’ve never had to pay for air conditioning year round – they’ve always charged $60 extra for summer months only and I own the A/C unit.

Can they legally charge me a monthly-year-round air conditioning fee? I want their A/C units removed but the building manager indicates they won’t compromise on this. No, I haven’t signed a new lease yet.

Thanks.