B26-0285: Climatizing Our Overheated Living Spaces Regulation Amendment Act of 2025

COUNCIL OF THE DISTRICT OF COLUMBIA The John A. Wilson Building 1350 Pennsylvania Avenue, nw Washington, D.C. 20004 Christina Henderson Committee Member Councilmember, At-Large Human Services Chairperson, Committee on Health Facilities Transportation and the Environment Statement of Introduction Climatizing Our Overheated Living Spaces Regulation Amendment Act of 2025 June 11, 2025 Today, I am introducing the Climatizing Our Overheated Living Spaces Regulation Amendment Act of 2025, along with Councilmembers Brianne K. Nadeau, Janeese Lewis George, Matthew Frumin, and Anita Bonds. This bill would amend Title 12-G of the District of Columbia Municipal Regulations to revise dates during which owners and operators of rental housing must provide heat and air conditioning. Current regulations require landlords who offer air conditioning as a service to make air conditioning available from May 15 to September 15 and require landlords to provide heat from October 1 to May 1. However, recent temperature trends in the District require revisiting this schedule. Average annual temperatures in the District have increased by 2°F over the last 50 years.1 Historically, the District’s average high summer temperature was 87°F, but it is expected to rise up to 97°F by 2080.2 Within the District, there are also disparities of up to 17°F in the high temperature on a given summer day due to heat island effects.3 In the past decade, the District has experienced both higher average temperatures year-round and extreme temperature variability during the shoulder season, which is the period leading to warmer months and leading to colder months. Over the past few years, as the has District experienced an ever-increasing number of days with high temperatures exceeding comfortable levels in early spring and late fall, tenants have contacted District government leaders to report uncomfortable or unsafe internal temperatures in rental housing and ask that the turnover schedule be reconsidered. High interior temperatures are uncomfortable at minimum, and can be dangerous for seniors, medically vulnerable or physically disabled people, and pets. Landlords who are sympathetic to tenants’ requests to turn on air conditioning in mid-April are unable to alleviate their tenants’ discomfort because they are required by regulation to provide heat to tenants through May 1. This bill would provide more flexibility to landlords by extending the period during which air conditioning is provided to tenants. Landlords who provide air conditioning would be required to provide it by May 1 and through October 1, and all landlords would be required to provide heat from October 15 to April 15. Landlords would be able to turn over from heat to air conditioning at any point between April 15 and May 1, two weeks earlier than currently allowed, and turn over from air conditioning to heat at any point between October 1 and October 15, two weeks later than currently permitted. Analysis provided by the District Department of Energy and the 1 Sustainable DC, DOEE 2 Ibid. 3 Detailed maps of urban heat island effects in Washington, DC, and Baltimore

Environment at the hearing on Bill 25-279 revealed that between 2013 and 2022, the maximum daily temperature exceeded 68 degrees more often than not between May 1 and October 1. Therefore, this bill would update regulations to require air conditioning to be available between May 1 and October 1, reflecting recent trends in the District’s temperature patterns. The bill also revises regulations to set minimum and maximum year-round internal temperature requirements for rental housing where heating and air conditioning are under the control of the tenant, similar to a law passed by the Montgomery County Council in 2021. I look forward to working with my Council colleagues and the public to refine and advance this legislation. 2

1 ______________________________ ______________________________ 2 Councilmember Brianne K. Nadeau Councilmember Christina Henderson 3 4 5 ______________________________ ______________________________ 6 Councilmember Janeese Lewis George Councilmember Matthew Frumin 7 8 9 ______________________________ 10 Councilmember Anita Bonds 11 12 13 14 15 A BILL 16 17 _______________ 18 19 20 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 21 22 _______________________ 23 24 25 To amend Title 12-G of the District of Columbia Municipal Regulations to revise dates requiring 26 the provision of heat and of air conditioning by owners and operators of rental housing 27 who provide air conditioning as a service and to set minimum and maximum year-round 28 internal temperature requirements for rental housing where heating and air conditioning 29 are under the control of the tenant. 30 31 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32 act may be cited as the “Climatizing Our Overheated Living Spaces Regulation Amendment Act 33 of 2025”. 34 Sec. 2. Chapter 6 of Subtitle G of Title 12 of the District of Columbia Municipal 35 Regulations is amended as follows: 36 (a) Subsection 602.3 (12G DCMR § 602.3) is amended to read as follows: 37 “602.3. Heat Supply. Every owner and operator of any building who rents, leases or lets 38 one or more dwelling units, or rooming units, dormitory or guestrooms on terms, either 1

39 expressed or implied, to furnish heat to the occupants thereof shall supply sufficient heat during a 40 period starting no later than October 15 and ending no earlier than April 15 to maintain a 41 temperature of not less than 68ºF (20ºC) in all habitable rooms, bathrooms and toilet rooms; 42 except that, when the outdoor temperature is below the winter outdoor design temperature for the 43 District, maintenance of the minimum room temperature shall not be required provided that the 44 heating system is operating at its full capacity. The winter outdoor design temperature for the 45 District of Columbia as set by the current District of Columbia Residential Code, Chapter 3 46 Design Criteria. 47 (b) Section 608 (12G DCMR § 608) is amended to read as follows: 48 “608 Residential Air Conditioning and Heating Supply 49 608.1 Air Conditioning. Every owner or operator of a housing business or dormitory, 50 who provides air conditioning as a service either through individual air conditioning units or a 51 central air conditioning system, shall provide, during a period starting no later than May 1 and 52 ending no earlier than October 1, an inside temperature, in the rooms it is intended to serve, 53 equal to the greater of: (a) 78 ºF (26 ºC); or (b) at least 15 ºF (9 ºC) less than the outside 54 temperature. 55 “608.2 Heat Supply. Every owner or operator of a building who rents, leases, or lets one 56 or more dwelling units, rooming units, dormitory rooms, or guestrooms, shall provide heating 57 services pursuant to Section 602 of this chapter. Any owner or operator who does not provide air 58 conditioning as a service shall furnish heating services through a period starting no later than 59 October 15 and ending no earlier than April 15. 60 “608.3 Tenant control of internal temperature. A owner or operator of building who 61 provides air conditioning as a service and heating to a tenant and where air conditioning and 2

62 heating is under the control of the tenant shall maintain the central heating systems and central 63 air conditioning system or individual air conditioning units in safe and good working condition 64 and capable of maintaining, throughout the year, a room temperature of no less than 68°F (20°C) 65 and, when air conditioning is operating, no more than (a) 78ºF (26ºC); or, (b) at least 15 ºF (9ºC) 66 less than the outside temperature. 67 “608.4. Two-pipe system turnover. In a building with a two-pipe system, air conditioning 68 and heat provision may be transitioned at the discretion of a building owner or manager, 69 provided that air conditioning is available to tenants no earlier than April 15 and no later than 70 May 1, and heat is available to tenants no earlier than October 1 and no later than October 15. 71 “608.5. Inspection of air conditioning equipment by qualified persons. The owner of a 72 structure containing two or more units served by central or shared air conditioning equipment, or 73 wall-mounted air conditioning units (not including window air conditioning units), shall cause 74 the air conditioning equipment to be inspected by a qualified person annually. A copy of current 75 inspection and service reports shall be available for public inspection on site in the office of the 76 building operator. 77 Exception: If the building operator does not have an on-site office, the reports shall be 78 made available for inspection: 79 1. By posting the reports in an on-site location accessible to all building residents; or 80 2. By mailing or delivering a copy of the reports to each unit; or 81 3. By mailing or delivering a notice to each unit identifying a location within the District 82 of Columbia where the reports are available for public inspection during normal business 83 hours.”. 84 Sec. 3. Applicability. 3

85 This act shall apply as of October 1, 2027. 86 Sec. 4. Fiscal impact statement. 87 The Council adopts the fiscal impact statement in the committee report as the fiscal 88 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 89 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 90 Sec. 5. Effective date. 91 This act shall take effect following approval by the Mayor (or in the event of veto by the 92 Mayor, action by the Council to override the veto) and a 30-day period of congressional review 93 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 94 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 4