Hiring of real property: indoor temperature., the official text

An act to amend Section 1941.1 of, and to add Section 1940.30 to, the Civil Code, and to add Section 50514.10 to the Health and Safety Code, relating to tenancy.

LEGISLATIVE COUNSEL'S DIGEST

(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.

The people of the State of California do enact as follows:

SECTION 1.
Section 1940.30 is added to the Civil Code, to read:
1940.30.
(a) For the purposes of this section, “portable cooling device” means a self-contained mechanical device designed to cool a dwelling unit, which may be temporarily affixed or mounted or secured for use, but can be easily removed or relocated without permanent attachment to a structure, and operated using electricity, water evaporation, or other methods. “Portable cooling device” includes, but is not limited to, portable air conditioners, evaporative coolers, and window-mounted air conditiong units.
(b) A landlord shall permit a tenant to install or use, at the tenant’s own cost, a portable cooling device or other nonmechanical cooling method, including, but not limited to, blackout curtains, window films, or shades, to maintain the indoor temperature of a dwelling unit below 82 degrees Fahrenheit, if the installation or use meets all of the following:
(1) Complies with state, local, or federal law, including applicable building standards.
(2) Complies with the manufacturer’s written safety guidelines.
(3) Does not require the tenant to alter or modify the dwelling unit.
(c) Before installing or using a portable cooling device or other nonmechanical cooling method pursuant to subdivision (b), with the exception of a portable electric fan, the tenant shall provide the landlord five calendar days advance written notice to the landlord, either electronically or through written communication.
(d) A portable cooling device or other nonmechanical cooling method installed pursuant to subdivision (b) shall remain the property of the tenant.
(e) The tenant shall be responsible for any damage to the dwelling unit caused by a tenant’s installation or use of a portable cooling device or other nonmechanical cooling method installed pursuant to subdivision (b).
(f) For the purposes of this section, the temperature of a dwelling unit shall be as measured at a distance of three feet above the floor level in the center of the dwelling unit.
(g) This section shall only apply to leases entered into, amended, or extended on or after January 1, 2028.

SEC. 2.
Section 1941.1 of the Civil Code is amended to read:
1941.1.
(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:
(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
(2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
(3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
(4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
(5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
(6) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
(7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under their control.
(8) Floors, stairways, and railings maintained in good repair.
(9) A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008.
(10) Except as provided in subdivision (b), a stove that is maintained in good working order and capable of safely generating heat for cooking purposes. A stove that is subject to a recall by the manufacturer or a public entity is not capable of safely generating heat for cooking purposes. This paragraph shall only apply to a lease entered into, amended, or extended on or after January 1, 2026.
(11) (A) Except as provided in subdivision (b) and subparagraph (B), a refrigerator that is maintained in good working order and capable of safely storing food. A refrigerator that is subject to recall by the manufacturer or a public entity is not capable of safely storing food.
(B) A tenant and landlord may mutually agree when the lease is signed if the tenant chooses to provide and maintain their own refrigerator, provided that all of the following apply:
(i) The lease contains a statement in substantially the following form:
“Under state law, the landlord is required to provide a refrigerator in good working order in your unit. By checking this box, you acknowledge that you have asked to bring your own refrigerator and that you are responsible for keeping that refrigerator in working order.”
(ii) The lease provides that the tenant may, with 30 days written notice, inform the landlord that they no longer wish to keep their own refrigerator in the unit, and that at the end of the 30-day notice period, the landlord shall install a refrigerator in good working order in the unit.
(iii) A landlord shall not condition a tenancy upon the tenant providing their own refrigerator.
(iv) The landlord shall not be responsible for the maintenance of a refrigerator provided by the tenant.
(C) This paragraph shall only apply to a lease entered into, amended, or extended on or after January 1, 2026.
(12) (A) (i) Except as provided by clause (ii), 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.
(ii) A landlord and tenant may mutually agree that the landlord shall provide a safe method in which a dwelling unit can be maintained at the maximum indoor temperature of not more than 82 degrees Fahrenheit by a mechanical and nonmechanical method, by January 1, 2030.
(B) For the purposes of this paragraph, the temperature of a dwelling unit shall be as measured at a distance of three feet above the floor level in the center of the dwelling unit.
(C) A landlord shall not pass through to the tenant the cost of providing a safe method pursuant to this paragraph.
(D) If a landlord replaces an air conditioning unit installed pursuant to this paragraph, the landlord shall properly dispose of unused refrigerants pursuant to regulations promulgated by the State Air Resources Board.
(E) This paragraph shall only apply to leases entered into, amended, or extended on or after January 1, 2028.
(b) The characteristics described in paragraphs (10) and (11) of subdivision (a) shall not apply to any of the following:
(1) Permanent supportive housing, as that term is defined in paragraph (2) of subdivision (c) of Section 8698.4 of the Government Code.
(2) A single-room occupancy unit that provides living and sleeping space for the exclusive use of the occupant, including those in which occupants share food preparation facilities with occupants.
(3) A unit in a residential hotel, as that term is defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code.
(4) A dwelling unit within a housing facility that offers shared or communal kitchen spaces to its residents, including a dwelling unit within an assisted living facility.
(c) (1) A landlord shall repair or replace a stove or refrigerator that is subject to recall by the manufacturer or a public entity, as described in paragraphs (10) and (11) of subdivision (a), within 30 days of receiving notice that the stove or refrigerator is subject to recall.
(2) Nothing in this subdivision shall be construed to prohibit a tenant from exercising any remedy authorized under Section 1942.
(d) Nothing in this section shall be interpreted to prohibit a tenant or owner of rental properties from qualifying for a utility energy savings assistance program, or any other program assistance, for heating or hot water system repairs or replacement, or a combination of heating and hot water system repairs or replacements, that would achieve energy savings.

SEC. 3.
Section 50514.10 is added to the Health and Safety Code, to read:
50514.10.
On or before June 30, 2027, the department shall create a dedicated website offering free technical assistance and resources for landlords and tenants to comply with paragraph (12) of subdivision (a) of Section 1941.1 of the Civil Code and Section 1940.30 of the Civil Code.