Do California Renters Have a Right to Cool Units During The Summer Months?
By Aser G. Tolentino, Esq.
As time goes by, fewer and fewer people will understand the references to the rising of mercury, but it is no secret that it is getting hotter once again. While explanations of the warranty of habitability often point out that the law expressly calls out only heat, it is important to hold landlords and property managers accountable for repairing air conditioners, swamp coolers, and other environmental systems they might consider amenities that ultimately become essential to survival when temperatures climb into the triple digits.
When air conditioners and other means of cooling homes fail, it is important to follow the procedure for reporting an issue and requesting maintenance as soon as possible. It can be helpful to provide pictures of a thermostat or thermometer readings to emphasize the severity of the problem, especially when comparing indoor and outdoor temperatures. Providing regular written updates on details such as the amount of living space made unusable by heat or the health consequences resulting from broken or malfunctioning equipment can also help encourage greater speed or later justify claims for rent refunds.
If a landlord claims that they are only required to provide heat, citing the Health and Safety Code, § 17920.3(a) may be helpful by claiming “inadequate sanitation” due to “(7) Lack of, or improper operation of required ventilating equipment,” or “(14) General dilapidation or improper maintenance.” Moreover, a substandard building may include “All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in a good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in a good and safe condition and working properly.” (CA H&S Code § 17920.3(f).) Essentially, that means if mechanical equipment was up to code when it was installed but is no longer functioning correctly, it is substandard.
As climate change makes the hottest days of the year more severe and numerous, a lack of functioning air conditioning or ventilation systems becomes less of an inconvenience and more of a risk to health and safety for Californians. Now is the time to ensure that your HVAC system works as expected and let your landlord or property manager know if something is not working correctly. In just a few weeks, they might be unable to address issues promptly, even when they sincerely wish to do so.
