Houston City Council could eliminate screened window exemption for rental properties

HOUSTON - Houston City Council is expected to consider a proposal Wednesday that could change what landlords are required to provide to keep rental properties cool.

The proposed ordinance would eliminate an exemption in Houston's current rules that allows a screened window to be used as a cooling method instead of refrigerated air conditioning.

If approved, landlords would be required to provide and maintain refrigerated air in habitable spaces.

Councilmember Alejandra Salinas, one of the council members behind the proposal, said the existing exemption no longer makes sense in a city that routinely experiences extreme heat.

"I don't think a screen and window is the same thing as providing a mechanism to cool an apartment," Salinas told FOX 26. "We've got to get rid of this screened in window exception and ensure that all Houstonians, no matter who you are, no matter what your income level, have a basic health and safety reprieve from the heat."

What would change:

The proposal would not require landlords to install central air conditioning.

Other forms of refrigerated air, including qualifying window or portable units, could be used as long as the equipment is capable of meeting Houston's existing temperature standard.

Under that standard, the equipment must be capable of keeping the indoor temperature 20 degrees below the outside temperature or at 80 degrees, whichever is warmer.

That distinction is important. For example, if the outdoor temperature reaches 105 degrees, equipment capable of maintaining an indoor temperature of 85 degrees would meet the 20-degree standard.

Property owners would have 90 days after the ordinance is approved to comply. The proposal also accounts for landlords who are making reasonable and continuous progress toward bringing properties into compliance during that period.

Why supporters back it:

Salinas said her team visited a Houston apartment complex where air conditioning was not provided by the landlord and spoke with residents about living without it.

She said some of the residents were elderly or had health concerns.

"You're entitled to a space that isn't infested with rats. You're entitled to a safe roof over your head. You're entitled to a space without mold, and also should be entitled to a space with air conditioning," Salinas said.

If the ordinance passes, Salinas said tenants would be able to report a landlord who is not complying through 311, allowing the city to investigate and enforce the requirement.

Concerns about costs:

The proposal has also raised questions about affordability.

Property owners who currently rely on the screened-window exemption could face the cost of purchasing and installing cooling equipment. Renters could also face higher electricity bills if they begin using newly installed A/C.

Julia Orduña, Southeast Texas Regional Director for Texas Housers, which supports the proposal, said requiring landlords to provide A/C gives renters a choice they currently may not have.

"The difference here is the right to have that AC and have the choice of turning off your AC," Orduña said. "If you don't have a window unit or you don't have any type of cooling system, then there is no right to choose."

Orduña also pushed back on the idea that the cost of installing a window unit would necessarily lead to significant rent increases.

Salinas similarly said she believes concerns about dramatic rent increases are largely hypothetical, pointing to other cities with air-conditioning requirements.

The Houston Apartment Association is among the organizations listed by supporters as backing the proposed change.

What's next:

The ordinance appears as Item 44 on this week's Houston City Council agenda and is scheduled to be considered when council reconvenes Wednesday.

If approved, the change would eliminate the screened-window exemption and require covered rental properties to provide refrigerated air that meets the city's cooling standard.

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