LA Board Of Supes Proposes Maximum Indoor Temperatures For Apartments During Warm Months

The Los Angeles County Board of Supervisors approved an ordinance this week that would set up a maximum indoor temperature threshold for rental units during hot months of the year.

According to Supervisors Hilda Solis and Lindsey Horvath, the ordinance would help residents to not experience discomfort because of high temperatures, and, most critically, to not be in medical danger for days when the temperature goes into the 90s and above. They also noted that because of climate change, the number days with a temperature above 94 degrees in L.A. is going to go up in the next few decades from an average of 7 days to an average of 21 days a year.

Thus they brought forward an ordinance this week. While the ordinance would establish a single maximum indoor temperature threshold
for dwellings, it would also require that all rental housing be cooling ready so that there is a code-compliant and safe way for a tenant to add air conditioning.

“Extreme heat is the deadliest climate risk facing Los Angeles County,” said supervisors Horvath and Solis. “In units where air conditioning is not provided by the landlord, tenants should be able to install air conditioning without fear of eviction or retaliation. The proposed ordinance should enshrine tenants with a right to responsibly and safely further cool their dwellings at their own cost.”

Horvath also added, “A maximum threshold for heat in people’s living conditions for obvious reasons. Climate change has really changed the game for us in Los Angeles County. Landlords could figure out what they would need to do to keep the apartments cool and not all would need new air conditioners. Some could use insulation or other upgrades. That’s why we built in stakeholder engagement as part of our direction and process. We are proactively telling our staff to go out and work with stakeholders to understand the challenges that they’re facing and get their advice on how this can be implemented.”

While the ordinance was approved on Tuesday, it is not yet set in stone. For one, agencies need to come back with a draft ordinance within 180 days that would establish what the safe maximum indoor temperature actually is and if it is to be part of the health code. That would require another vote because of it being updated. Landlord and rental groups, who have been in fierce opposition to the ordinance because of associated costs, hope to have it blocked there, or will bring up legal action against having maximum indoor temperatures for rental units on the books. Specifically, this would hurt “mom and pop” landlords who typically own older buildings that don’t always come with AC units.

A new maximum indoor temperature threshold ordinance

“The types of upgrades discussed in the motion potentially require significant capital expenditure, building rehabilitation and will have a financial impact on residents,” the California Apartment Association said in a letter this week.

“And invariably these older buildings are owned by retirees, senior citizens and after four years of limited or no rent increases and problems collecting rent because of the eviction moratoriums, rental property owners are reeling,” said Daniel Yukelson with the Apartment Association of Greater Los Angeles. “In the older buildings it would likely be much more than simply installing new units. And with new electrical panels, often that requires new wiring from the pole and in some areas you have to underground wiring and it’s just a major cost. It could cost upwards of $50,000 for a four-unit building.”

The lone no vote in Board vote, Supervisor Kathryn Barger, echoed the concerns of the landlords on Wednesday.

“All of us agree that costs are going up, and they’re going up for landlords as well. We’re holding them responsible for maintenance on their facilities and this is just another burden – another cost on them. The air conditioning ordinance would likely force smaller landlords to sell to corporations. A trend that is happening statewide. My biggest fear is that the mom and pops are going to be disproportionally impacted and, in the end, it’s not going to serve the people who are renting because the costs are going to go up.”

Others told the Globe on Thursday that while there are still options to ensure that the ordinance doesn’t go into the books, something will need to be done soon to spare renters and landlords alike from these upcoming costs.

“The Board is not looking at the whole picture,” Andy Gomez, a contractor and consultant in HVAC projects in the Inland Empire, told the Globe. “In LA, where I work sometimes, a lot of times you don’t need air conditioning for older units. Fans, or if they can be put in, swamp coolers do the trick because of how units are laid out. A maximum temperature law needs to take a lot of things into account. Does the unit face the sun? How many windows are in the unit? Can electric fans sufficiently cool down an apartment. Does the tenant need to have temperatures above the proposed maximum for health reasons or any other reasons? Does a pet there need higher temperatures to live? And so many more. The Board isn’t looking at all the variables, or giving exemptions or leeway. They need to put this all on paper and not just rush to something that is going to screw people over just because they wanted that ordinance passed.”

The maximum temperature ordinance is currently planned for final approval sometime during the summer.