So far, we have experienced lower than average temperatures, but this may change later this summer. Earlier this year, in response to last year’s “heat dome” in the Pacific Northwest, the Oregon legislature passed a bipartisan bill dealing with air conditioning and other cooling devices.
Previously, Oregon landlords were under no legal obligation to provide cooling devices, but, pursuant to the new law, when permits are issued on or after April 1, 2024, each newly constructed dwelling unit will have to have some device that provides cooling in at least one room (not a bathroom).
In addition, the bill limits restrictions on portable cooling devices in residences by landlords, HOAs, condominium associations, and local governments.
Definition of Portable Cooling Devices
SB 1536 defines portable cooling devices as “air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor, but not including devices whose installation or use requires alteration to the dwelling unit.”
Landlord Restrictions
Landlords are now prohibited from restricting a tenant’s installation or use of “a portable cooling device of the tenant’s choosing” unless installation and use of the portable cooling device would:
(a) violate building codes or state or federal law,
(b) violate the device manufacturer’s written safety guidelines for the device,
(c) damage the premises or make the premises uninhabitable, or
(d) require electrical power that cannot be accommodated by service to the building, dwelling unit or circuit.
Further, with respect to window installations, Landlords are permitted to prohibit installation:
(a) in any window that is a necessary “egress” (exit) from the dwelling unit,
(b) if the device would interfere with the tenant’s ability to lock a window that is accessible from outside, or
(c) if installation would require hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building, or otherwise cause significant damages.
Landlords are also allowed to require that cooling devices installed in a window are adequately drained, as well as installed in a manner that prevents a risk of falling.
Finally, a landlord can, under the new law, require that portable cooling devices be installed, inspected, serviced, and/or removed by the landlord (or the landlord’s agent) and that the cooling devices be removed from October 1 through April 30.
There are a number of other details landlords should know about the law, including certain notice requirements for landlords who want to enforce any of the permitted restrictions, as well as specific requirements for those who require a cooling device as an accommodation for a disability.
HOAs and Condominiums
Under the new law, a provision in a planned community’s governing document that restricts or prohibits installation or use of a portable cooling device is void unless the installation or use of the device would violate building codes, state or federal law, or the device manufacturer’s written safety guidelines for the device.
The same rules apply to condominium associations, but in addition, such associations can prohibit uses and installations that would interference with the common elements of the condominium or require electrical power not available to the building, unit, or circuit.
Further, condominium associations are allowed to have the same restrictions as landlords regarding window installations.
Both HOAs and condominium associations can, like landlords, impose restrictions requiring that cooling devices be removed from October 1 through April 30.
Local Governments
SB 1536 bans local governments from enforcing any ordinances or design regulations involving restrictions of the use of portable cooling devices based on historic property designations, unless the restriction is necessary to protect, or prohibit the removal of, historical architectural features of the property or unless the only restriction is that cooling devices be removed from October 1 through April 30.
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The law applies to all tenancies, HOA and condominium-association governing documents, and local governments, regardless of when the tenancy began or when the governing documents, ordinances, or design regulations were adopted.
Please feel free to contact us if you have any questions about the above or if you need any assistance in complying with this new law.
Photo by Jose Antonio Gallego Vázquez on Unsplash
