Proposed Bill Would Set Maximum Apartment Temperatures During Summer

Fines for inadequate cooling would mirror those for inadequate heating.

City Council Member Lincoln Restler recently introduced a bill that would set a maximum indoor temperature during summer months. The intent of the bill is to update the existing housing code so that owners are just as responsible for keeping people cool in the summer as they are for keeping them warm in the winter. Owners, some of whom are already working to comply with Local Law 97, which curbs carbon emissions from large buildings, have several concerns, especially about cost. If the new law passes, buildings would have four years to ensure compliance.

Should the bill become law, here’s what to expect:

• From June 15 to Sept. 15, owners of buildings with centrally supplied cooling would be required to maintain a maximum indoor temperature of 78°F when the outdoor air temperature is 82°F or higher.
• Owners without central cooling would have to provide and install in each living room of each unit a cooling and dehumidifying system capable of maintaining an indoor temperature of 78°F at 50 percent relative humidity when the outdoor air temperature is 82°F or higher. An owner would be exempt if a tenant notifies the owner that a cooling system is already installed.
• Leases would be required to give notice of the cooling requirements.

According to the bill’s language, these requirements would be imposed four years after the bill’s effective date. If the bill becomes law, landlords would have two years to contact HPD about their cooling plans. Owners claiming undue hardship, the need to make major capital improvements, or claiming landmark designation would be able to apply for additional time for compliance with the cooling requirements. And after four years, all buildings would need to be in compliance.

Initial fines for inadequate cooling would be similar to heating fines, ranging from $350 to $1,250 a day. Landlords who resolved the cooling problem within 24 hours of the first violation would pay $250.