Amid the backdrop of sweltering temperatures and back-to-back heat waves, a city councilmember is poised to introduce a bill that would require landlords to provide tenants with air conditioning units during the hot summer months.
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One summer-long case study on senior apartments in public housing units in Elizabeth, N.J. found that cooling centers could “significantly reduce morbidity and mortality rates during heat disasters, especially among socially isolated and physically frail low-income seniors,” and recommended mandatory cooling requirements for all renters in its findings.
Clinton J. Andrews, who co-authored the study – and also heads the Center for Urban Policy Research at Rutgers University – applauded Restler’s legislation.
“Under tort liability case law, lease agreements carry an implied warrantee of habitability. Tenants can make the case that this includes cooling but the legal remedy is often difficult, so establishing a statutory right to cooling is a timely move,” Andrews said. “When drafting the law, the Council should consider two things. First, create a performance standard (target temperature range) not a prescriptive standard (requirement for air conditioners), otherwise the law will stifle energy-efficient innovation. Second, people vary in their thermal comfort preferences, so make sure tenants can adjust the indoor air temperature.”
