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Houston landlords push back against air-conditioning mandate, warning of rent hikes for tenants

Rice expert weighs in on Houston's new AC mandate for rentals, saying it won't raise rents while helping beat the heat.

By mitch·4 min read
A newly installed air conditioning unit sits on an apartment balcony facing the hot summer sun.

Houston’s city council has approved an ordinance that demands landlords supply air conditioning to renters, though it will not become enforceable until December. Dr. Michelle Smirnova of Rice University sees the measure as beneficial for a city renowned for its intense heat and humidity.

“It’s incredibly important and transformative,” Smirnova said about the ordinance. “People need a tool to mitigate some of that heat.”

Smirnova serves as Director of the Center for Neighborhoods and Housing at Rice’s Kinder Institute for Urban Research. That’, which is home to the Kinder Institute. That institute issued a report earlier this year showing that rising utility costs are a key factor driving Houstonians’ struggles to keep up with household expenses.

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Smirnova’s Case for the Ordinance

Smirnova makes the case that air conditioning serves as a life-saving resource for a city that frequently reaches extreme heat and humidity. She called the ordinance “transformative”, and she stated that residents need a means to handle the heat.

The Kinder Institute’s prior research showed that climbing utility bills are a key cause of Houstonians’ difficulty affording everyday household costs, and her role there strengthens her case.

The Cost Question

Smirnova was questioned by ABC13 about whether the expenses of acquiring an air conditioner might bring unexpected burdens upon some financially strained Houston renters. Her response began with an examination of whether the costs of putting in a unit would eventually get passed on to those who rent.

“We don’t see evidence that it is being passed down in terms of rent cost,” she said. “Dallas, Denton, and Austin have rolled this out, and they have seen no increase in rents.”

The conversation turned toward the price tag required to run an air-conditioning unit, with attention paid to the cost of keeping it going.

“Having access to this is going to be a life-saving element,” she said. “Heat and water are also utilities that add costs to tenants, yet we don’t question that those things are required for something to be considered habitable.”

The Utility Comparison

The comparison Smirnova drew concerned what tenants already pay for, with air conditioning placed alongside other utilities.

“Having access to this is going to be a life-saving element,” she said. “Heat and water are also utilities that add costs to tenants, yet we don’t question that those things are required for something to be considered habitable.”

It stands out that the Kinder Institute’s own findings point to rising utility costs as a major reason Houstonians find it hard to cover household expenses. Smirnova takes the position that air conditioning should be regarded as essential, much like water and heat — something necessary for a living space to count as habitable.

The Numbers Behind the Rule

The Kinder Institute reported that its data from 2024 shows roughly 17,000 households within the city limits lack air conditioning.

“The largest concentration (of those) is in lower-income neighborhoods with a high proportion of renters,” the Kinder Institute said.

The weight of the new demand may land upon those very districts. Earlier research from the institute shows that residents of low-income regions are already finding it hard to cover growing utility expenses.

How to File a Complaint

Houston tenants without air conditioning when the ordinance takes effect in December should be able to file a complaint by calling 311, according to the Office of Councilwoman Alejandra Salinas.

The person who runs her office has said that a health inspector will visit the building to look into these complaints.

The Cities That Have Already Tried It

Three other cities have rolled out similar requirements, and Smirnova cited all three of them.

  1. Dallas
  2. Denton
  3. Austin

According to Smirnova, none of the three has reported any rise in rents following the implementation of the changes.

The Study’s Own Warning

An earlier study from the Kinder Institute established that climbing utility prices are a key factor behind Houstonians’ difficulty affording their household expenses. That same research determined roughly 17,000 households within the city limits lack air conditioning.

The neighborhoods with the highest number of such households tend to be low-income areas with a large share of renters. These are the same neighborhoods where an earlier study found that climbing utility costs were already stretching household budgets.

The Open Question

The Kinder Institute has documented the issue, and the ordinance attempts to fix it by compelling landlords to supply air conditioning to their properties. The question of whether this approach brings about new difficulties for tenants remains unanswered, and the coming months will reveal the answer.

Before the ordinance goes into effect in December, renters should keep an eye on their costs and be aware that a health inspector can look into complaints filed through 311.

City Has rolled out similar requirement Rent increases observed
Dallas Yes None
Denton Yes None
Austin Yes None

The Kinder Institute’s findings establish that the issue is real. The ordinance attempts to resolve it by mandating that landlords supply air conditioning. Whether it generates new difficulties for tenants remains an open question, one the next several months will help settle.

Source material: “Could new air conditioning requirement cause unintended consequences for Houston renters?,” ABC13 Houston.

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