Tenant rights can vary by territory and state, and apartment air conditioning laws are no exception. Especially in the DC heat, tenants need to know if, and when, their landlords have to provide air conditioning. Have no fear—we’ve got the answers below.
Main Takeaways:
- In Washington, DC, landlords only have to provide air conditioning when their lease guarantees it. Exceptions to this rule occur if tenants need it as a reasonable accommodation or need it to address a health hazard.
- Lease-covered rentals must have air conditioning from May 15th to September 15th.
Do Landlords Have to Provide Air Conditioning?
As property managers in Washington, DC, we know that local apartment air conditioning laws only require landlords to provide air conditioning if their leases require it. Otherwise, air conditioning isn’t covered under tenant rights.
How Long Can a Landlord Leave You Without Air Conditioning?
If a tenant’s lease grants them air conditioning, their landlord can leave them without air conditioning until May 15th.
How Long Do Landlords Have to Keep the Air Conditioning on?
Once the air conditioning is on, landlords can only turn it off after September 15th. This is around the time when the DC heat abates.
Other Rules for Landlords Who Provide Air Conditioning
DC apartment air conditioning laws dictate that the A/C system’s temperature must be at least 15 degrees lower than the outside. Furthermore, the air conditioning can come from either a central air conditioning system or individual units.
In addition, landlords must ensure that a professional air conditioning mechanic will inspect the units once a year, between September 1st and May 1st. Then, they have to file the inspection results with the Department of Buildings at most 7 days after they get the results. If they fail to do this, they can receive a Notice of Violation and penalties.
What Happens if Your Lease Doesn’t Include Air Conditioning
If your lease doesn’t have an air-conditioning clause, then tenants aren’t entitled to it under DC apartment air conditioning laws. In other words, it doesn’t fall under the tenant rights umbrella. So, if your lease doesn’t include it, you can’t withhold rent because you don’t have it.
Air conditioning is considered an amenity, not a necessity. In other words, it’s not bundled into the standard landlord-tenant tenet of providing “habitable living conditions.” To provide habitable living conditions, landlords are legally required to implement “health-and-safety”-related facilities like:
- A home that doesn’t leak
- A home without health hazards
- Garbage disposal systems
- Working heating, electric, gas, and plumbing systems
Air conditioning is not included in that definition.
What Can You Do If You’re Not Eligible for Home Air Conditioning?
As the DC heat rises, tenants can speak out for tenant rights. They can advocate to change these laws by:
- Calling their local representatives (calling is generally more effective than emailing).
- Calling the Council of the District of Columbia general line at (202) 724-8000
- Email the D.C. Construction Codes Coordinating Board at [email protected]
- Contact your nearby tenant’s association
What to Do When Your Landlord Won’t Fix the AC (and Your Lease Doesn’t Provide it)
If your lease agreement does not guarantee an air conditioning system, it’s not protected by DC apartment air conditioning laws. Because of that, there’s usually not much you can do about it. After all, landlords are not responsible for repairing any air conditioners you already happen to have.
Luckily, there’s a loophole. If the unit’s DC heat “materially affects the physical health and safety of an ordinary tenant,” that violates tenant rights. In that case, you can withhold rent until the landlord fixes the A/C.
What to Do If Your Landlord Won’t Fix the AC (and Your Lease Provides AC)
If your lease guarantees you air conditioning and your landlord won’t fix the AC, you can formally request that your landlord fix it. Also, if they fail to do so, you can ask the health department to step in. This is because, in this case, DC apartment air conditioning laws and tenant rights apply.
We will outline the outreach process below. Note that this process also applies if your landlord owes you air conditioning and they won’t give it to you, period.
- Put Your Request in Writing: Jot down your repair requests through email, text, or a designated online portal. Then, save screenshots or copies of your messages, complete with a timestamp, if any disputes occur.
- Maintain Polite, Respectful Communications: The DC heat can melt down the patience of even the most mature people. Still, you should try to stay calm and cordial with your landlord. If you don’t, it could worsen the situation. After all, this person holds the key to solving your issue. Treat your interactions with them like you would any other working relationship.
- Approach This with a Sense of Teamwork: Collaboration and compromise are critical to resolving any issue. So, you should work with, not against, your landlord to solve the problem. Hear the other person out because some perceived slights could just stem from a simple misunderstanding.
If your problem has not been addressed, you can report your landlord for their negligence. Follow the process below to report tenant rights violations to authorities, such as the Health Department.
- Maintain Detailed Records: You should maintain detailed records about your air conditioning’s (or lack thereof) condition, such as the timing of various incidents. It also may be beneficial to take photos, keep past email threads, and store notes of previous conversations.
- Deliver Your Notice: Make sure that you have completed the above step of writing to your landlord or property manager. This kickstarts a designated timeframe landlords have to fix your tenant rights issue. In an emergency, this timeframe lasts 24 hours. If the problem doesn’t reach that level, the timeframe is 10 days.
- Complaint Filing: Once you have sent your written notice and passed the designated timeframe without sufficient landlord action, you can file a complaint with your Health Department.
What Happens Next After I Report My Landlord?
Once you’ve reported your landlord, the Health Department can begin its investigation into any health-related tenant rights violations. Here’s a glimpse into what exactly local authorities will do to rectify the situation.
- Inspect the Property: The health department will send out officials to examine your property. Then, they’ll assess your complaint and see if a health violation occurred. Furthermore, the inspector will stay on the lookout for other issues you may not have reported.
- Make a Report: Next, the assigned inspector will gather their evidence into a report. The report will delve into any violations they discovered, as well as the landlord’s timeframe for doing repairs.
- Send to the Landlord: If landlords find any violations in their inspection, they will send a copy of their report to the offending landlord.
- The Landlord Must Address the Problem: The health department will give the landlord a fixed number of days to resolve the referenced health violations. Once this timeframe is over, the inspector will return and re-examine your home to ensure the issue has been addressed.
- Letter of Compliance: If the inspector has verified the issue has been solved, they will issue a letter of compliance to the landlord. Case closed.
OR
- Penalize the Landlord: If your landlord has failed to address the violations adequately, or to do so within the designated timeframe, your health department can fine your landlord.
When You Need Air Conditioning as a Reasonable Accommodation
If you need air conditioning in the DC heat because of a disabling medical condition, that can count as a reasonable accommodation under the Americans with Disabilities Act. Then, you can go through the traditional reasonable accommodation application process.
Beat the DC Heat with BMG
The DC heat can feel like a sauna. Luckily, you have tools at your disposal to deal with it as a tenant. If your lease doesn’t permit air conditioning, you can advocate for updated laws. Or, if your lease does guarantee it, you can formally ensure that your landlord implements it in your home. You have options.
If you want landlords who truly respect tenant rights, it is possible. At BMG, our whole job is to manage properties and tenants on behalf of time-burdened landlords. We work on the ground, every day, to communicate with tenants and make sure they’re satisfied. Most importantly, we won’t leave you in the lurch. We’ll work tirelessly with you until we find a solution. After all, we understand how distressing and urgent it is when you can’t feel comfortable in your own home. Contact us today to live in a property managed by our dedicated staff.
