Los Angeles County Adopts Maximum Indoor Temperature Threshold for Rental Housing Units
The Los Angeles County Board of Supervisors has approved an ordinance amending Chapter 11.20 of the Los Angeles County Code to establish a maximum indoor temperature threshold for rental housing units in unincorporated areas of the County and in cities that adopt the ordinance.
Maximum Indoor Temperature Threshold
Rental housing units subject to the ordinance must be capable of maintaining a maximum indoor temperature of not more than 82 degrees Fahrenheit in all Habitable rooms. Temperatures will be measured at a distance three (3) feet above the floor level in the center of the room. A “Habitable” room is generally any room within a building used for sleeping, living, cooking or eating purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.
Applicability
The ordinance applies to all rental housing units in the unincorporated areas of Los Angeles County, as well as any city that affirmatively adopts the ordinance into its municipal code.
Effective Date and Enforcement
The ordinance takes effect on September 11, 2025, but enforcement begins January 1, 2027 (or later if fees are not yet approved).
Landlord Duty
The landlord must provide a safe and code-compliant method in which all Habitable room(s) can be maintained at the maximum indoor temperature of not more than 82 degrees Fahrenheit. Small property landlords (with 10 or fewer units) must maintain a maximum indoor temperature of not more than 82 degrees Fahrenheit in at least one Habitable room by January 1, 2027, and all Habitable rooms by January 1, 2032.
Tenant Installation of Portable Cooling Devices
A landlord may not prohibit or restrict a tenant from installing or using, at tenant’s own cost, a Portable Cooling Device or other non-mechanical cooling methods, including, but not limited to, blackout curtains, window films, or shades, to provide additional cooling below 82 degrees Fahrenheit as long as such installation and use does not: (1) Violate building codes, or State, local, or federal law; (2) Violate the manufacturer’s written safety guidelines and recommendations for use for the Portable Cooling Device; or (3) Require the tenant to alter or modify the Rental Unit as a result of such installation.
“Portable Cooling Device” means a self-contained mechanical device designed to cool a Habitable room that includes devices that are temporarily affixed or mounted and/or secured for use but can be easily removed or relocated without permanent attachment to the structure. This includes, but is not limited to, portable air conditioners, evaporative coolers, and window-mounted air conditioning units. A Portable Cooling Device may operate using electricity, water evaporation, or other methods to reduce air temperature.
Prior to installing a Portable Cooling Device or other non-mechanical cooling method with the exception of a portable electric fan, the tenant must provide five (5) calendar days advance written notice to the landlord, either electronically or through written communication. Any Portable Cooling Device or other non-mechanical cooling method installed in a Habitable room(s) which was acquired by a tenant, at tenant’s own cost, shall remain the property of the tenant. The tenant shall be responsible for any damage to a rental housing unit or rental housing property caused by a tenant’s installation or use of a cooling method as listed above.
Pass-Through Costs
The installation of a Portable Cooling Device used to maintain a Habitable room(s) at the maximum indoor temperature of 82 degrees Fahrenheit is not considered a capital improvement and not allowed as a pass-through cost to tenants who reside in a Fully Covered Rental Unit under the County of Los Angeles Rental Stabilization and Tenant Protections Ordinance.
Fees
Each rental housing unit located in unincorporated Los Angeles County will be subject to a per-unit annual fee under Section 8.04.720 of the County Code to cover the costs of inspection, administration, and enforcement. In incorporated cities, the fee will apply only if the city formally adopts this ordinance into its municipal code.
Extensions
If a Landlord is unable to comply with the ordinance through the installation of a Portable Cooling Device, or other non-mechanical cooling methods, upon written application by a landlord, an extension may be granted for up to an additional two (2) years to come into compliance beyond the effective enforcement date of January 1, 2027.
Tenant Protections
Landlords are prohibited from retaliating against or harassing tenants who exercise rights under the ordinance. Violations are subject to remedies and penalties provided in the ordinance.
Enforcement
Rental housing properties and/or units located within the unincorporated areas of the County that have an initial complaint filed with the Los Angeles County Department of Public Health for non-compliance will be provided with additional time to bring the rental housing property and/or unit into compliance prior to being subject to the inspection and enforcement provisions as set forth in Sections 8.53.105 and 8.53.120 of the County Code, which authorize the County to conduct inspections, issue notices of violation, and impose administrative fines or other penalties for continued noncompliance.
A copy of the ordinance is available here:
For further information, please contact us at (949) 748-3600.
The law firm of Wallace, Richardson, Sontag & Le, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. This client alert is provided as a courtesy and is not meant to take the place of legislative services or membership in trade associations. Before acting, landlords should seek legal advice from this law firm.