FACTS: A tenant states that the A/C is not functioning properly. The landlord had the system tested and the unit was found to be running at proper capacity. The A/C company advised the tenant that when the exterior temperature is 110+ degrees outside, a consistent interior temperature of 77 degrees is expected and reasonable. The A/C vendor states that in extreme heat, the unit will never get to 65 degrees, as the tenant has requested.

ISSUE: What is an acceptable temperature in the summer?

ANSWER: See Discussion

DISCUSSION:

Various municipalities have ordinances addressing this issue. For example, City of Phoenix Ord. 39-5(B)(1)(b) requires: Every rental housing unit where such systems are installed shall have cooling capable of safely cooling all habitable rooms, bathrooms and flushing toilet rooms to a temperature no greater than 86 degrees Fahrenheit, if cooled by evaporative cooling, or 82 degrees Fahrenheit, if cooled by air condition.

Thus, a landlord should check the municipality ordinance in each town he/she owns a rental in to be certain of compliance.