For Texans, air conditioning in the home is a necessity. Temperatures reliably reach daily highs in the 90s or much higher starting in May and do not come down until October. These punishing temperatures result in hospitalizations and deaths, and a significant risk factor is the presence of working air conditioning in the home. Texas Housers explored this urgent issue in depth in 2023 with our report “Renters, Air Conditioning, and Extreme Heat in Texas.”
This week, the City of Austin resolved to make meaningful change to protect renters and prevent these heat-related harms. Following 2023’s heatwave, Austin City Council began to explore how the city could best mandate air conditioning at rental properties within the land development code. Now, the City has announced a rental property air conditioning requirement in the new property maintenance code which will be adopted in April 2025.
Per Community Impact: “Under the proposed code, Austin property owners must provide equipment that keeps indoor temperatures at least 15 degrees cooler than outside, and below 85 degrees at all times, in every habitable room of existing housing units. They’ll also be required to keep air conditioning systems and related equipment in working condition. Additional code updates include similar requirements for new construction going forward.”
The requirement for rental property owners to provide air conditioning is similar to what exists in both Houston and Dallas, however the provision to repair existing equipment goes a step further to protect tenants.
We are proud to see Austin take charge on this critical issue for tenants in Austin. We are also excited to see similar state-level legislation carried by Rep. Sheryl Cole of Travis County. Rep. Cole’s bill, HB 1099, would also introduce the requirement for functional air conditioning in all rental housing units in the state. The bill would also require that if a AC unit is not in working condition and is not repaired after 7 days, that a temporary AC unit or alternative accommodations be provided.
However, these positive efforts are being counteracted by harmful developments at the federal level that will decrease access to affordable air conditioning. The Low Income Home Energy Assistance Program (LIHEAP) is a utility assistance program designed to assist low-income households in meeting their immediate energy needs and to encourage consumers to control energy costs through energy education. The program is an essential lifeline for thousands of Texans alone, but unfortunately reporting has indicated that the entire staff of LIHEAP has been fired by newly appointed Health and Human Services Secretary Robert F. Kennedy Jr. This will cause barriers for the Texas Department of Housing and Community Affairs (TDHCA) to administer these funds through its Comprehensive Energy Assistance Program (CEAP), as the federal administration of money comes to a complete halt. We must continue to demand that all tenants are protected from heat-related harms in our state through the basic dignity of having access to air conditioning in their housing.
We Texans are very familiar with the dangers of extreme heat. Austin has taken the right steps to protect its residents from heat-related health issues. Our state officials should take charge as well and lead by passing air conditioning legislation that ensures the safety of everyone across our state. We must continue to push that this basic protection is supported at the local, state, and federal level.
