Houston City Council Passes 'Right to A/C' Ordinance for Rental Properties

For Houston renters living without reliable cooling, the city's building code is finally treating air conditioning as a basic necessity rather than an optional amenity. Starting in December 2026, landlords across the city will be legally required to provide operable air conditioning in all rental units. The Houston City Council passed the landmark "Right to A/C" ordinance on August 19 by a 12-2 vote, closing a longstanding loophole that allowed property owners to bypass cooling requirements simply by installing window screens.[1][2]

The new mandate does not force property owners to undertake expensive retrofits for central HVAC systems. Landlords can comply by installing window units, portable air conditioners, or any other refrigerated air equipment, provided the system can maintain an indoor temperature of 80 degrees Fahrenheit—or 20 degrees cooler than the outside temperature. Property owners have a 120-day grace period to purchase and install the necessary equipment before the city begins enforcement.[1][3][4]

The push for the ordinance, spearheaded by Council Member Alejandra Salinas, was driven by stark public health data. In 2023, an estimated 20,400 rental households in the Houston metropolitan area lacked air conditioning entirely. As Texas summers grow increasingly severe—Houston recorded its all-time high of 109 degrees in 2023—indoor spaces without climate control have become dangerous. Harris County Public Health recorded over 7,600 heat-related illnesses between 2019 and 2023, and at least 279 Texans died from heat exposure in 2022 alone.[1][4]

Under the previous municipal code, landlords were only required to maintain existing air conditioning systems. If a unit never had A/C, the property owner could legally satisfy the city's ventilation and health standards merely by providing screened windows and doors. On a 109-degree day, a landlord utilizing this exemption faced no legal obligation to cool the interior, leaving vulnerable tenants to rely on box fans and open windows during extreme heat waves.[1][2][5]

Once the ordinance takes effect, tenants living without adequate cooling will be able to report violations directly through the city's 311 system. Health department inspectors will then examine the property to verify the lack of compliant equipment. Landlords will be given an opportunity to cure the violation by installing a window or portable unit; those who fail to comply will face administrative citations or municipal court summons.[1][4]

To bridge the gap during the 120-day transition period, Salinas's office launched an immediate giveaway of 125 portable A/C units for eligible residents. The program targets the city's most vulnerable demographics, including low-income households, seniors over the age of 60, and disabled veterans who need immediate help staying cool during the remainder of the current summer season.[2]

While the policy brings Houston in line with other major Texas cities, some officials warned of unintended financial consequences for renters. Dissenting Council Members Twila Carter and Willie Davis raised concerns that landlords might pass the cost of purchasing and replacing A/C units directly onto tenants through higher rent. Furthermore, they noted that low-income residents provided with new A/C units might struggle to afford the resulting spike in their summer electricity bills, potentially leading to utility shutoffs.[3][4]

Despite these financial caveats, the overwhelming council majority concluded that the health risks of extreme heat outweighed the potential costs. District J Council Member Edward Pollard emphasized that living without air conditioning in a city known for its sweltering climate should be unacceptable, framing the ordinance as a baseline standard for livability. The measure represents a significant shift in tenant rights for the majority-renter city, ensuring that climate control is recognized as a fundamental safety requirement across all zip codes.[1][3]