As extreme heat worsens, renters are gaining a ‘right to cooling’

Subjecting the incarcerated residents of Texas to extreme heat constitutes cruel and unusual punishment, and prisons statewide must install air-conditioning 2029. Although the ruling Judge Robert Pitman issued last month is unique in its invocation of the Constitution’s Eighth Amendment, it is an explicit recognition of an idea increasingly reflected in laws and policies nationwide: As extreme heat becomes more dangerous, even deadly, access to cooling is increasingly seen as a necessity rather than a luxury. This shift has been especially active in housing, where renters often face structural hurdles to accessing cool air, from high costs to explicit bans on the installation of air-conditioning. This summer, jurisdictions across the U. S. passed policies setting maximum indoor temperatures, requiring landlords to provide AC, or otherwise expanding tenants’ access to cooling. The state of Maryland, for instance, said property owners with 10 or more units must install AC if they renovate. In Spokane, Washington, where 14 people died during a heat wave in July, landlords must now provide “adequate cooling” in at least one room of each unit. “You can no longer responsibly rent a place if you don’t have a way of keeping it cool, because people will die,” said Brian Henning, director of the Institute for Climate, Water, and the Environment at Gonzaga University and a leading advocate for the Spokane policy. To support our nonprofit environmental journalism, please consider disabling your ad-blocker to allow ads on Grist. Here's How Indeed, a study from 2024 found that renters were three times more likely than homeowners to need medical attention due to heat exposure at home, and researchers estimate as many as 50,000 people died during the five heat waves Europe experienced this summer. But unlike the incarcerated in Texas, whose protection rests on the Eighth Amendment, renters’ claim to safe indoor temperatures rests on a different and less explicit legal foundation. It’s based, in part, on the “implied warranty of habitability,” a legal principle requiring landlords to provide the basic necessities for life — things like running water — even when they aren’t explicitly guaranteed in a lease or by law. Heating has long been understood as part of that warranty. As extreme heat poses an increasing threat to health, advocates argue that protection from dangerously high indoor temperatures should be as well. “You can’t run a place without heat,” said Doug Ruley, director of the Environmental Justice Clinic at the University of Miami School of Law. “The same is exactly true for cooling.