AB 2616

(1) Existing law declares that it is the established policy of the state that all dwelling units shall be able to attain and maintain a safe maximum indoor temperature. Existing law regulates the terms and conditions of residential tenancies. Existing law requires that any building with a dwelling unit maintain certain characteristics in order to be tenantable, including the maintenance in good working order of heating facilities that conformed with applicable law at the time of installation. This bill would add a safe method in which the dwelling unit can be maintained at the maximum indoor temperature of not more than 82 degrees Fahrenheit by a nonmechanical cooling method to the list of characteristics required for the dwelling unit to be tenantable, as provided. The bill would authorize the landlord and tenant to mutually agree to provide the safe method by a mechanical and nonmechanical method, by January 1, 2030. The bill would prohibit the landlord from passing through to the tenant the cost of providing the safe method. The bill would require the landlord to properly dispose unused refrigerants pursuant to regulations promulgated by the State Air Resources Board, if an air conditioning unit required by these provisions is replaced. This bill would require a landlord to permit a tenant to install or use, at the tenant’s own cost, a portable cooling device, as defined, or other nonmechanical cooling method to maintain the indoor temperature of a dwelling unit below 82 degrees Fahrenheit, as provided. The bill would require the tenant to provide the landlord 5 calendar days advanced notice, prior to installing or using a portable cooling device or other nonmechanical cooling method, as provided. The bill would apply these provisions only to leases entered into, amended, or extended on or after January 1, 2028. (2) Existing law authorizes the Department of Housing and Community Development to provide technical assistance for specified purposes. This bill would require the department to create a dedicated website offering free technical assistance and resources for landlords and tenants to comply with the above-described provisions.