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Should Tenants Have a Right to Cooling? Amid Record Heat, More Cities Say Yes
Against the backdrop of climate change driving record-breaking global temperatures, multiple U.S. cities have begun legislating to protect tenants' right to cooling, requiring landlords to provide functioning air conditioning units and keep indoor temperatures within specific upper limits. Based on a review of policies in Dallas, Montgomery County, Chicago, New Orleans, New York, and Los Angeles, and drawing on expert perspectives from Duke University and UCLA, this article analyzes the necessity, enforcement challenges, and points of contention in such policies.
Recently, the city of Dallas has frequently received inquiries from officials across the United States and even from London, UK. According to Rosana Savcic, the city's code enforcement manager, what has drawn their attention is a municipal policy in effect since 2017 that requires landlords to provide functioning air conditioning units.
As climate change drives record temperatures in many parts of the world, more cities are considering establishing tenants' rights to cooling. Such regulations write into law tenants' right to housing that can be cooled to a specific maximum indoor temperature, with the exact threshold varying by jurisdiction. However, tenants may still be responsible for paying their own electricity bills.
V. Kelly Turner, associate director of the UCLA Luskin Innovation Center and a heat policy researcher, noted that cities currently requiring landlords to provide air conditioning systems remain a minority rather than the general rule.
This situation may be changing. Montgomery County, Maryland, passed the region's first such law in 2020, requiring many landlords to provide air conditioning capable of cooling indoor temperatures to 80 degrees Fahrenheit or below from June to September each year. A 2022 Chicago law requires some large residential or senior housing buildings to provide air conditioning in common areas when the outdoor heat index exceeds 80 degrees Fahrenheit. A regulation that took effect this year in New Orleans requires landlords to provide air conditioning capable of cooling bedrooms to at least 80 degrees Fahrenheit.
"We are recognizing that we must develop specific policies for heat."
Ashley Ward
Director of the Heat Policy Innovation Hub at Duke University
In New York City, the largest city in the U.S., its sustainability plan has indicated an intention to establish a maximum indoor temperature policy for summer by 2030. In July of this year, a city council member introduced legislation requiring landlords to provide air conditioning in summer. Officials in Los Angeles County are also in the early stages of developing similar policies.
The case for the right to cooling
Experts say the trend toward cooling requirements reflects a broader recognition that climate change necessitates new protections and policies.
"We are recognizing that we must develop specific policies for heat," said Ashley Ward, director of the Heat Policy Innovation Hub at Duke University. Beyond rental cooling standards, policy needs related to heat include worker protections and universal cooling for schools and prisons.
Ward pointed out that a major challenge for supporters of cooling standards is the public perception that air conditioning is a luxury rather than a necessity. This mindset "is exactly why we can rationalize prisons without air conditioning. 40% of U.S. schools have inadequate HVAC systems," Ward said. But as heat records are repeatedly broken and heat-related deaths rise, supporters see policymakers' attitudes shifting.
Limitations of the right-to-cooling policies
Ward said that while rental cooling standards may be a step toward addressing the impact of urban heat on residents, these policies are not a perfect solution.
Even if low-income tenants have air conditioning units, they may not turn them on due to concerns about high electricity bills. Therefore, some experts urge states and cities to supplement rental cooling standards with electricity bill assistance programs that account for cooling needs. States typically allocate more federal Low Income Home Energy Assistance Program (LIHEAP) funds to help residents with heating rather than cooling. According to a June report by the National Energy Assistance Directors Association and the Energy Poverty and Climate Center, despite growing support needs, available LIHEAP funds shrank from $6.1 billion in fiscal year 2023 to $4.1 billion in fiscal year 2024.
Turner said in an email that cities need to begin monitoring low-income households' ability to pay for cooling costs. Such data could inform better support for cooling through subsidy programs like LIHEAP.
Utility companies can also help reduce cooling costs, explained Gregory Pierce, co-executive director of research at the UCLA Luskin Center and associate professor of urban planning. State utility commissions can play a significant role in mandating or encouraging utilities to implement energy affordability programs, but cities can also get involved, for example by working with utilities to make basic energy use more affordable for residents, Turner said.
For example, tiered rate plans charge those who use more electricity higher rates than those who use less. However, Pierce said hotter weather may mean these tiers need adjustment so that the cheapest tier covers the amount of energy needed for typical household cooling.
"I don't think many utilities have adjusted these tiers to account for air conditioning needs yet, let alone electrification," he said.
Turner added that any equity-oriented program must listen to community members about their specific hardships. "There may be solutions we don't even know to consider because we need to hear from those who will face difficult choices," such as choosing between running the air conditioning and buying food, she said.
Rental cooling standards also bring other challenges. Landlords with tight budgets may struggle with complex and costly retrofits. Waste heat from air conditioning units can exacerbate the urban heat island effect, and adding cooling to buildings could push up greenhouse gas emissions—although heat pumps could allow building owners to provide cooling while potentially replacing fossil fuel-based HVAC equipment.
What maximum temperature should cities set?
Another question is what maximum temperature cities should set for rental housing. Dallas's regulation requires air conditioning units to keep room temperatures at least 15 degrees Fahrenheit cooler than outdoor temperatures, with a maximum threshold of 85 degrees Fahrenheit. This means that even if it reaches 105 degrees Fahrenheit outside, rental housing must be equipped to maintain temperatures at 85 degrees or below.
Ward believes cities should set the maximum temperature lower. She cites 73 degrees Fahrenheit as a threshold for good sleep and recovery and suggests cities set the maximum around 76 degrees Fahrenheit, since fans can help lower it by a few more degrees.
"Can we pass legislation that at least gives people the opportunity to have a safe thermal environment?"
V. Kelly Turner
Associate Director of the UCLA Luskin Innovation Center
However, Turner warned that over-debating the precise maximum temperature could hinder effective policy-making. She said she would rather set the maximum at 80 degrees Fahrenheit and then start discussing what is needed to implement the policy, including establishing a complaint reporting process and finding funding.
"At some point, the question isn't 'Can we achieve the exact [right] temperature?' but 'Can we pass legislation that at least gives people the opportunity to have a safe thermal environment?'" she said. "Once we do that, we can start fine-tuning."