Bill mandating air conditioning in Texas rental units faces strong headwinds


Summary

AC as a right

Texas lawmakers are trying to pass a bill that would mandate functioning air conditioning units in all of the state's rental units.

Critics cite the financial burden

Critics argue that updating units built in the 1970s and before is all but cost-prohibitive, and would result in landlords raising rents.

How many units are affected?

Roughly 54,200 rental units in Texas had no air conditioning as recently as 2021.


This recording was made using enhanced software.

Summary

AC as a right

Texas lawmakers are trying to pass a bill that would mandate functioning air conditioning units in all of the state's rental units.

Critics cite the financial burden

Critics argue that updating units built in the 1970s and before is all but cost-prohibitive, and would result in landlords raising rents.

How many units are affected?

Roughly 54,200 rental units in Texas had no air conditioning as recently as 2021.


Full story

As summer approaches, Texas lawmakers are trying to provide relief for rental property tenants who often have to deal with stifling conditions. They are attempting to pass a bill that guarantees renters the right to air conditioning. However, opponents say repairs on existing buildings would simply be too costly. 

What does the bill stipulate?

State Rep. Sheryl Cole’s measure would require landlords to provide cooling systems and offer accommodations when repairs take more than five days. 

“No one should suffer or die in their own home just because they can’t afford air conditioning,” Rep. Christina Morales said, adding it’s about survival. 

However, critics argue that making repairs to older buildings is cost-prohibitive. At a recent hearing for a local law mandating air conditioning in Austin, a representative from the Austin Apartment Association said installing air conditioning in apartments built before the 1970s would be “financially devastating” for landlords and result in higher rent for tenants.

What has been the effect of excessive heat in Texas?

Houston is in Harris County, which saw 80 heat-related deaths from 2019 to 2023, according to the Harris County Public Health Department. Health experts say extreme heat can physically tax a person’s heart, kidneys and exacerbate other underlying chronic conditions. 

Ben Martin of the advocacy group Texas Housers said about 54,200 rental units in Texas had no air conditioning as recently as 2021. He told the Houston Chronicle, “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.“

Advocates for affordable housing believe the issue is urgent in cities such as Houston, Austin and San Antonio. Right now, there are no statewide laws for tenants to have cooling or a guaranteed time frame to have a faulty unit fixed.

At the local level, Houston has a mandate for cooling that only applies to rental units that do not have screens on doors or windows.

What about mandated air conditioning in other states?

Other states including California, New York and Oregon all have air conditioning laws on the books to protect tenants. 

Back in Texas, community planners are not expecting the statewide mandate to pass the Legislature. 

For advocates like Texas Housers, they worry about funding as well. Martin said the future of the federal Low Income Home Energy Assistance Program is now in doubt due to layoffs. 

Shianne DeLeon (Video Editor) contributed to this report.
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Why this story matters

The proposed Texas legislation to mandate air conditioning for renters highlights ongoing concerns about tenant health, safety, and housing standards in regions facing dangerous heat conditions without contributing to growing housing costs.

Tenant protections

Ensuring access to air conditioning addresses health and safety issues for renters, particularly in extreme heat.

Economic impact

Landlords argue that mandating air conditioning could increase costs and potentially result in higher rents, influencing housing affordability.

Public health

Extreme temperatures pose serious health risks, making timely cooling access a matter of well-being for vulnerable populations.