Tenants group unhappy new AC cooling by-law would only apply to some apartment buildings

Air conditioners in apartment windows (File)

A proposed Adequate and Suitable Cooling by-law would require landlords to keep the temperature inside apartments below a dangerous threshold — but tenants advocacy group London Acorn argues the exemption of certain buildings would leave many vulnerable Londoners at risk.

The by-law would require landlords of rental units that are equipped with an air conditioning system to ensure that the temperature in the apartments does not exceed 26 degrees from June 16 to Aug. 31 each year.

However, representatives of London Acorn warn that the by-law would exempt the buildings most in need of enforcement.

Jordan Smith, Chair of the Carling Stoneybrook Acorn Chapter warned the committee, “The hottest, most dangerous apartments are usually older high-rises and walk-ups where AC was never installed.”

According to a staff report the cooling requirement does not apply if any one or more of the following apply:

1. During the tenant’s occupancy, the rented or leased dwelling unit has not been equipped or furnished with an air conditioning system or unit; or
2. A landlord and tenant have expressly agreed that the rented or leased dwelling unit will not be air conditioned by, or at the expense of, the landlord; or
3. The tenant is able to directly regulate the temperature such that a maximum temperature of 26 degrees Celsius can be provided and maintained and such regulation of the temperature by the tenant has been enabled, if necessary, by the landlord.

On behalf of London Acorn, Smith implored the Community and Protective Services (CAPS) Committee to ensure the by-law applies to all rental units, or at least require landlords to provide a cooling space during heatwaves.

Smith emphasized that apartments that lack air conditioning are more affordable for the most vulnerable Londoners. “They’re overwhelmingly home to low-income families, to seniors, newcomers and people with disabilities. These are the very tenants that are least able to escape the heat.”

A motion by Coun. Sam Trosow that would have supported the proposed by-law as a first step, but also directed staff to bring back a report on addressing some of London Acorn’s concerns, was defeated.

Several councillors suggesting that requiring landlords to install air conditioning systems in buildings exceeds city hall’s authority.

Instead, the CAPS Committee simply supported the draft by-law and amendment to the Administrative Monetary Penalty for non-compliance.

Staff emphasized that financial penalties wouldn’t be levied in situations where landlords were acting in good faith.

Coun. Corrine Rahman downplayed concerns raised by landlords about the risk they could be fined for breakdowns or other unavoidable disruptions.

“I don’t see this (by-law) as too broad for landlords, in terms of what their requirements are, because it’s already required. It just gives (city hall) the opportunity to act on (tenants’) behalf,” Rahman said.

Council will consider the proposed by-law October 14.