Landlords face New requirements to provide cooling for renters

Judge Robert Pitman ordered Texas prisons to install air-conditioning by the end of 2029 to prevent cruel and unusual punishment during extreme heat.

This ruling reflects a growing national trend where access to cooling is being treated as a basic necessity for safety rather than a luxury. While the prison ruling relies on the Eighth Amendment of the U.S. Constitution, advocates are pushing for similar protections in the housing sector based on the implied warranty of habitability.

Various jurisdictions across the U.S. and Canada are passing policies to ensure tenants can maintain safe indoor temperatures. Maryland now requires property owners with 10 or more units to install air-conditioning during renovations. In Spokane, Washington, landlords must provide adequate cooling in at least one room of each unit. Other cities like New Orleans, New York City, and Austin, Texas, have also established cooling requirements since 2020.

Local governments are debating whether to mandate specific air-conditioning units or set maximum indoor temperature thresholds. For example, Los Angeles County requires landlords to maintain a maximum indoor air temperature of 82 degrees F. While some experts argue that performance standards allow for energy-efficient methods like planting trees, other advocates insist that only air-conditioning can effectively protect lives during major heat events.

Landlords often argue that these mandates will increase rent prices, though some researchers claim there is little evidence to support this. To help manage costs, some experts suggest expanding federal programs like the Low Income Home Energy Assistance Program. Advocates emphasize that while cooling measures provide immediate safety, governments must also address the underlying causes of climate change to prevent these heat risks from worsening.