Will Texas Legislature finally mandate landlords to provide AC for renters?

At the height of Texas summers, residents whose homes lack air conditioners have no escape from the extreme heat. And it's only getting hotter.
Air conditioning has long been considered an amenity for renters in the state, but as temperatures continue to rise, experts and some lawmakers are beginning to see cooling as a fundamental right.
State Rep. Sheryl Cole, D-Austin, is trying again this year to pass a bill that guarantees tenants' right to air conditioning. The bill would require landlords to provide cooling systems and offer accommodations when repairs take more than five days.
The proposal, which is the same as one Cole filed two years ago, faces a tough road because of hesitancy in the GOP-led House and Senate to put more onus on landlords and more regulations on the books.
Nevertheless, proponents believe the issue is becoming more pressing, including in cities like Austin, Houston and San Antonio.
'No one should suffer or die in their own home just because they can't afford air conditioning,' said Rep. Christina Morales, D-Houston, one of the bill's co-authors. 'In Texas, this isn't just about comfort. This is about survival.'
In Harris County, 80 deaths were linked to heat-related complications from 2019 to 2023, according to a Harris County Public Health report. Exposure to extreme heat can strain a person's heart and kidneys as well as worsen chronic conditions and cause acute kidney injuries, according to the World Health Organization.
When people pick up fans from Austin-based Family Eldercare's annual summer fan drive, they're often getting relief from intense conditions, said Meghan Jones, the organization's interim chief development and communication officer.
Of the more than 10,000 recipients the group served last year, 48% reported feeling sick from the summer heat, according to Jones.
'I think that just shows that more and more people really need heat relief,' she said.
In Texas, about 54,200 occupied rental units had no form of air conditioning in 2021, according to the American Housing Survey, and many more tenants suffer through extreme heat when their systems break for extended periods, said Ben Martin, research director Texas Housers, which advocates for low-income residents.
While Martin said he knows thousands of units don't have air conditioning, the statistics don't show a much bigger issue: faulty units. 'The broader problem that we see is broken air conditioning that is not fixed in a timely manner, which has the same effect as no air conditioning at all,' he said.
There are no statewide protections for tenants for cooling or a guaranteed time frame for repairs. But several cities have some in place, even if they're limited.
Houston's mandate only applies if the rental units lack screens on doors and windows, meaning cross ventilation cancels the right to an air conditioning unit.
The Texas Apartment Association did not respond to requests for comment on the proposed legislation. During a hearing on a recent Austin ordinance mandating air conditioning, Emily Blair, a representative for the Austin Apartment Association, said it's difficult to install cooling equipment in apartments built before the 1970s.
She said such costs could be 'financially devastating' for property owners and mean higher rents for tenants.
'We understand the intent behind the proposed requirement,' Blair said. 'Although we want renters to be as comfortable as possible in their home, the realities of older construction limit what can realistically be provided.'
Larissa Larsen, a University of Michigan professor of urban and regional planning, said policies are increasingly reflecting a change in the need for air conditioning.
'We used to think air conditioning was a luxury,' Larsen said. 'Now we're realizing it's not – it's a necessity.'
While air conditioning mandates are only beginning to pop up, heating requirements have existed across the nation for years, mostly because people in northern states pushed through such protections decades ago.
California, New York and Oregon have all adopted at least some tenant protections for air conditioning. Arizona state law requires landlords to repair AC units within 10 days.
But Elizabeth Mueller, a University of Texas associate professor of community and regional planning, said a statewide mandate is unlikely to pass in Texas any time soon.
'There's just a reflexive reaction against any efforts to regulate rental property conditions,' she said.
Martin, of Texas Housers, said he worries for Texans as summer fast approaches. The future of the federally funded Low Income Home Energy Assistance Program, which helps low-income households cover weather-related utility costs, is uncertain after staff layoffs.
To Martin, cost burdens aren't a good enough reason for landlords to oppose new cooling guidelines.
'If we want to make housing really cost effective, it's very cost effective to not put a roof on the house,' he said. 'These landlords are housing human beings, and we must establish a baseline of dignity for the humans, for the families, for the individuals that are living in these homes.'
This article originally appeared on Austin American-Statesman: Texas bill mandating AC for renters faces tough road in legislature

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