Know Your Rights: Cooling Protections for Renters

Unfortunately, climate change-fueled hot summers have become the norm in Oregon. With this new reality, staying cool is no longer a luxury; it’s necessary to stay safe and healthy in our homes.

If you’re a renter considering air conditioning options this summer, it’s important that you know your rights to keep your home cool. The Emergency Heat Relief bill (SB 1536), which passed in the 2022 Oregon State legislative session, helped expand cooling protections for renters.

Expanded Protections for Renters

The Emergency Heat Relief bill changed the rights renters have around accessing life-saving cooling devices. It also supported funding for distributing AC units to low-income households. Access to cooling devices can mean the difference between life and death, as Oregonians experienced firsthand during the deadly 2021 Northwest Heat Dome.

SB 1536 limits restrictions on portable cooling devices in residences by landlords, homeowners associations, condominium associations, and local governments between May and September each year, removing legal barriers for renters to install air conditioner units. The bill defines “portable cooling devices” as “air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor.” This does not include devices that would require alteration of the home itself.

This means that, with a few exceptions, landlords can’t ban window units or portable A/C units for renters.

Limited Restrictions on Cooling Devices

While the law removes many legal barriers, there are a few exceptions. Housing providers, such as landlords, may not prohibit or restrict residents from installing or using their preferred cooling device unless it fits one of the following restrictions:

The installation or use of the device may not:

• Violate building codes or state or federal law
• Violate the device manufacturer’s written safety guidelines for the device
• Damage the premises or render the premises uninhabitable
• Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit, or circuit

If the device is to be installed in a window, it may not:

• Be installed on a window that is a necessary egress (emergency exit) from the home
• Interfere with the resident’s ability to lock the window if it is accessible from outside
• Require the use of brackets or hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building, or cause significant damage
• Be used without adequately draining the device to prevent damage to the unit or building
• Be installed in a way that does not pose a risk of falling

Optional - Housing providers may require that the device be:

• Installed or removed by the housing provider or housing provider’s agent
• Subject to inspection or servicing by the housing provider or housing provider’s agent
• Removed from October 1 to April 30

Landlords may only enforce the optional restrictions listed above if they provide a written list of restrictions to the residents. This letter must also state if the housing provider intends to operate an optional community cooling space.

Know Your Rights: Stay Safe this Summer

At CUB, we believe that all Oregonians deserve to be safe and healthy in their homes, which includes ensuring access to life-saving cooling devices. Share this blog to spread the word about your rights!

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