Amid sweltering temperatures and consecutive heat waves, a New York City councilmember is set to introduce a bill mandating landlords to provide air conditioning units for tenants during the summer months.
A 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," recommending mandatory cooling requirements for all renters.
Clinton J. Andrews, co-author of the study and head of the Center for Urban Policy Research at Rutgers University, supported the proposed legislation.
"Under tort liability case law, lease agreements carry an implied warranty 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."
