AAA Highlights Concerns with Proposed A/C Regulation Amendments

The Austin Apartment Association is actively engaging with city officials to address proposed amendments to the International Property Maintenance Code concerning air conditioning requirements in rental properties. The proposed ordinance, set to be drafted and presented to the council in September 2024, mandates that all habitable rooms in rental units must maintain a temperature of at least 15 degrees cooler than the outside temperature, with a maximum of 85°F. 

 Key Requirements

1. Operational Standards: The ordinance requires owners to provide and maintain air conditioning systems capable of achieving specified temperatures, measured 3 feet above the floor near the center of each room. All components, including unit covers and conduits, must be maintained in operating condition.
2. Exemptions and Defenses: A defense for non-compliance is available if one habitable room maintains the maximum temperature when the outside temperature exceeds 110°F. 

 AAA Comments and Questions

• Grandfathering and Impact on Older Units: Many older properties, particularly those built over 40 years ago, might not have existing air conditioning systems. The AAA questions whether these units will be grandfathered under the new regulations, as retrofitting could significantly increase rental costs. 

• Compliance and Enforcement: Concerns about how temperatures will be measured and verified for compliance purposes are paramount. Additionally, the association inquires about the timeline for required repairs following reported malfunctions and how power outages will affect compliance. 

• Safety and Feasibility: The limitations of portable air conditioning units in certain building types and the safety concerns associated with late-hour HVAC work are highlighted. 

• Regulation Specificity and Fairness: AAA advocates for standardized inspections and clear, objective criteria for issuing violations to prevent subjective enforcement. The association also seeks clarification on the notification process and due process rights regarding unreported maintenance issues. 

• State Preemption and Existing Remedies: Under Texas law, excessive heat is recognized as a condition materially affecting tenant health or safety. Current regulations provide landlords a reasonable timeframe, presumed to be seven days, to address such issues, which may be adjusted based on several factors. AAA emphasizes that existing laws already offer remedies for inadequate cooling and expresses concern over potential overlap and redundancy with new city ordinances. 

Moving Forward

The AAA submitted official public comments on July 5th, outlining our concerns and questions. An ordinance is expected to be drafted and presented to the city council in September 2024. We are committed to closely monitoring this issue, engaging with city officials, and advocating for regulations that consider the practical implications on property owners and maintain reasonable living conditions for tenants. 

This is a critical issue for the Austin real estate community, and the Austin Apartment Association will continue to play a vital role in these discussions to mitigate any unintended consequences of the new air conditioning regulations.