“A house must have air conditioning” said my daughter when she was looking for a house twenty years ago. Her priority was central air conditioning rather than a new kitchen or a swimming pool. Central Air is now standard in new structures whether apartments, condos or private homes unless people opt for mini split units. Whether building your own home or buying, make sure that the central air conditioning is included unlike in the past where even individual AC units were optional.

For a person growing up in the fifties and sixties air conditioning was considered a luxury. Hit songs on the radio expressed and described how to find relief from the summer heat and not one of those songs describe the splendor of the cooling phenomena called air conditioning. Tunes such as, “Hot Town Summer in the City”, “Up on the Roof” and “Under the Boardwalk” described the ways that people in those eras tried to find relief from the summer heat in the city.

Fire escapes were not only used as rescue exits from fires, but city dwellers actually slept on them at night to cool off from sizzling summers. Not that it was particularly cold on those metal fire escapes, and the mosquitos could be buzzing but there was some fresh air at least as opposed to sleeping indoors. Folks would take their pillows and even their mattresses out to the fire escape and sleep there till morning. As the city quieted down a guy or gal could find peace and quiet and even a bit of a summer breeze. Their morning alarm clock could be honking from the traffic below informing them that it was time to get up and get dressed to go to work or school.

The original version of the movie, “‘West Side Story” starring the late Natalie Wood (Steven Spielberg recently produced an updated version) has as its trademark a nighttime fire escape scene. The movie was about the rivalry of two gangs, Puerto Rican and American and some of the scenes were taken on the fire escape itself bringing to life the atmosphere of the working classes’ summer in the city.

No, the schools were not air conditioned and neither were the subways or buses. We are not certain if the heat is more oppressive these days or our bodies are just not used to such high temperatures especially accompanied by high humidity. Countries such as Israel can have summer temperatures reach one hundred degrees and it will still be more comfortable than in cities such as New York where you can feel the thickness of the humidity or as the expression goes, “cut it with a knife”.

 Many people believe that the temperatures have jumped because of climate change although I do remember high temperatures and humidity as a child. Our family was lucky to live two blocks from the beach and that is where we spend each and every day of the summer. If you felt too hot you just ran into the water to cool off and then continued playing in the sand or talking to friends and neighbors. The word “day camp” was not in our vocabulary although sleep away camp upstate was a popular alternative for those who could afford it.

This spring a law was proposed by the New York State legislature with approval by Governor Kathy Hochel stating that when the temperature rises above 82 degrees schools must be able to give relief to the students or classes will be canceled. Teachers and students would not be permitted to stay in the school’s building when the indoor temperature reaches 88 degrees. With good intentions this bill would protect the safety of individuals especially those with asthma or similar conditions.

In today’s society most people take air conditioning for granted and would exit a store that is trying to save money by conserving their electricity. Our illegal immigrants housed in luxury hotels in New York City are living in rooms that are air conditioned so of course anyone living in hot climates would assume that their landlords would be responsible in assuring the cooling of their apartments. For those folks who are renters what are the laws and options regarding air conditioning? Must the landlord provide AC units in a rental and who is responsible if the units break? The questions are simpler than the answers since there are variable laws in different states. The two main criteria determining the requirement of a landlord’s obligation of providing air conditioning to their tenants are the location and what is written on the lease.

A tenant should always check their lease before signing and the requirement to provide air conditioning should be stated directly on the lease. Unfortunately, many renters are desperate for apartments and will sign on the dotted line to guarantee that the apartment is theirs without checking out all the details on the contract. In many neighborhoods, especially major cities, good clean apartments are hard to come by so when one appears the renter will want to sign as soon as possible. As the saying goes, “beggars can’t be choosers”.

The hot weather in cities such as New York lasts about three to four months and if a renter signs a lease in the winter, then AC will not be as much of a priority as heating is. In states such as Arizona, Florida and Nevada, landlords are required by law to provide air conditioning for their tenants. What that means is not always crystal clear and we all know that when our AC breaks, we need it fixed yesterday and cannot wait several days for it to be repaired. If it’s central air it’s more complicated since it is too expensive to fix by yourself, however, if it’s a unit many renters will head over to Walmart and buy a new one rather than wait for the repairman sent by the super to fix it, which could take days.

How many days does the landlord legally have to fix the AC in an apartment? In many places there is no specific time element for the repair. All it may say on the lease is that it should be within a “reasonable time frame” and on a hot day that could be fifteen minutes. In Florida, there is a law that requires the landlord to fix the unit within seven days after being notified by the tenant. If the landlord fails to act in the time frame the tenant can terminate the lease.

The above solution will not work for most folks. Leaving an apartment after living there for a while is emotionally and practically not feasible. If there are children involved it’s even harder and where will the family stay until they find another place to live? The family may very well be living in the vicinity of the school and vacating the premises requires the hiring of a moving van which is a great expense. Even if you complain in writing (which is usually required) the choice of vacating the apartment is certainly not the solution for the breakdown of the AC.

A different alternative for the renter is to hold back the rent if the landlord is negligent in fixing the AC. This solution varies from state to state. For instance, in Washington D.C., a judge may order the landlord to allow the rent to be withheld because he failed to provide air conditioning which is stated in the lease. Practically speaking, the tenant should be able to call an AC repairman on his own and deduct the cost of the repair from his rent. This way he will be able to fix the AC immediately.

The legal term, “diminished service” can be used to sue the landlord in Maryland if the air conditioner unexpectedly stops running. As for Florida, besides revoking the lease and demanding your security deposit back you are allowed by law to call the repairman yourself and deduct the charge from the next month’s rent. Some states will not have any clause in the lease about air conditioning being a requirement in services to the tenants. There are separate and different laws for specific counties in the state and that might be a way to circumvent the state’s laws. For example, in Montgomery County, Maryland, the law requires that the landlord deliver air conditioning.

There are some things that even though they are required by the landlord to fix can take up to seven days legally in some states. If it’s a drippy faucet or a bathroom lock that is broken, it’s doable to wait a week for these repairs to be done. When it’s over ninety degrees outside and you cannot open the windows then the air conditioning must be fixed immediately. Even if legally a landlord can wait seven days to fix the AC, practically this is not acceptable for a city apartment dweller in climates such as New York, New Jersey and Florida.

New York is now offering tenants money toward the purchase and installation of a new air conditioner for their apartments. The name of the project is Cooling Assistance and is being sponsored by HEAP (New York State’s Home Energy Assistance Program). If eligibility is approved, a tenant can receive up to $800 for a portable window air conditioner and if there is already an opening in the wall the amount can go up to $1000. This plan is being offered to persons who have certain high-risk illnesses such as asthma or are prone to heat-related illness. The existing AC must be at least five years old, and the family must already be members of HEAP. Of course they also must be in this country legally either someone in the household being an American citizen or have a legal immigration classification.

Final Words

In most major cities a nice clean updated apartment for a reasonable rent is practically impossible to behold. If a family is fortunate to get one, they are certainly not going to move out just because they have legal recourse. When a tenant has individual AC units and a few hundred dollars to spare it would make more sense for them to just buy a new unit in their local store. They may be able to sue their landlord and get back the money however, I wouldn’t count on it since the lease may not be specific enough. Often a landlord will put in an old unit that doesn’t work much better than the one that is being replaced.

Summer is not the time to start a good relationship with your tenant or super. Building a good relationship starts when you move in before having any major problems. A bottle of whiskey on a holiday or a kind word and compliment when something is going right in the building helps create a friendly atmosphere in the building. This way when your air conditioner conks out the repairman will come to your home first.