As unprecedented heatwaves continue to grip regions globally, tenants are increasingly confronting a critical question: what are landlords legally bound to do to ensure their rental properties remain habitable during extreme heat? This pressing issue, particularly acute in densely populated urban centers such as New York City, London, and Los Angeles, exposes a complex and often fragmented legal framework governing tenant rights and landlord responsibilities as global temperatures rise.
Background: The Evolving Standard of Habitability
Historically, landlord-tenant laws across many jurisdictions primarily focused on ensuring basic structural integrity, sanitation, and essential utilities like heating. The concept of a "warranty of habitability," implicit or explicit in most modern leases, obligates landlords to maintain premises fit for human dwelling. However, this warranty traditionally placed a strong emphasis on protection from cold, with heating requirements often explicitly codified, while cooling provisions remained largely absent or ambiguous.
For decades, the legal understanding of a habitable living space was shaped by the challenges of colder climates and the immediate dangers of inadequate heating. Statutes in places like New York State, for instance, have long mandated specific indoor temperature minimums during winter months, typically between 68°F (20°C) during the day and 62°F (16.7°C) at night. Similar regulations exist in numerous Canadian provinces and throughout the United Kingdom, where the focus has historically been on preventing dampness and providing adequate heating.
