Is Your Landlord Required to Provide an Air Conditioning Unit?

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If a unit is habitable, does the landlord have to provide working air conditioning (AC)? As of now, air conditioning is not required for a property to be considered habitable; however, proposed legislation in 2022 could change that rule. This place is getting unbearably hot, heat-related illnesses, deaths, and hospitalizations are commonplace in California during the summer.

According to the Public Health Institute, 14 people died in San Francisco’s heat wave in 2017 because of heat stroke, and 79 percent of those people had symptoms at home. Poor industrialized neighborhoods that can’t handle the heat are plagued by socioeconomic inequality, according to The Los Angeles Times.

Many San Francisco homes do not have central air conditioning (AC) or even individual AC units. According to the San Francisco Times, many homes in Northern California are not equipped to withstand major heat waves and heat can get trapped inside. AC has never been standard. It’s more dangerous than ever to be without air conditioning in California, where climate change is causing more frequent heatwaves. When people die from heat stroke, does California’s building code consider the house uninhabitable?

Air Conditioning and Your Residential Rental Unit

Residential tenants have a right to a unit that is fit for human habitation. An acceptable level of safety, utility, and sanitation must be maintained in a residential rental unit. Landlords must ensure that their properties are safe and habitable for their tenants. In order to receive this benefit, all of the following must be present and operational:

  • Protection from the elements, such as operable windows or doors
  • A well-functioning plumbing system;
  • Facilities for generating gas;
  • Running water that is both hot and cold, as well as a sewer disposal system
  • Facilities for heating
  • Regulated wiring and access to electricity
  • Pest- and vermin-free property with good hygienic conditions;
  • Maintain orderly disposal and recycling facilities.
  • Surfaces used for work, such as stairways or railings
  • In addition, a mailbox for a residential address. [Civil Code 1941 of the State of California .1]

According to the California Department of Consumer Affairs, if any of these features stop working or become faulty, the landlord is required to make repairs to the property. Air conditioning, on the other hand, does not appear on this list. Central air conditioning units must be repaired within thirty days of a notice being served when they stop working. This is because it is considered an inconvenience.

Fix Your Air Conditioning

There are a few things to keep in mind when a tenant attempts to fix their own air conditioner. Tenants of rental properties are not expected to perform major repairs to major components of the rental property. Plumbing and electrical issues should be fixed by the landlord; if a tenant decides to fix something themselves, the cost must be less than one month’s rent, and the tenant can deduct the cost from their rent. These terms can only be met if the landlord agrees.

Landlords who insist on fixing an inconvenience themselves rather than allow the tenant to do so have 30 days in which to do so. When the tenant damages or breaks the unit, the landlord is not responsible for the repairs.

Gossip in Congress

Despite the fact that air conditioning is not currently mandated, new legislation could change that. Improved insulation, air sealing, increased shade, cool roofs, fans, heat pumps, and air conditioning are all included in Assembly Bill (AB) 2597. For the purposes of changing the law, this bill will require landlords to provide proper air conditioning for a property that is considered habitable to have safe indoor temperatures. Safe maximum indoor temperatures will have to be established as a mandate by the Department of Housing and Community Development. California’s future homes will be forever altered by this.

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