Houston's Air Conditioning Ordinance: What's Being Proposed and How to Weigh In
Houston City Council is expected to take up a proposed ordinance this month that would change what landlords must provide in rental housing. Here's what it does, where the data comes from, and how residents can participate in the process.
The Current Rule
Houston already requires owners of rental property to provide and maintain air conditioning in good operating condition. But the code contains an exemption: if a property provides window screens, the air conditioning requirement does not apply. In practice, a landlord can satisfy the ordinance with screens alone.
State law fills part of this gap but not all of it. Under Section 92.052 of the Texas Property Code, landlords must repair conditions that materially affect a tenant's health or safety, which includes broken air conditioning. However, state law does not require a landlord to install air conditioning if the unit never had it.
What the Proposed Ordinance Would Change
The proposal, brought by At Large Position 4 Council Member Alejandra Salinas, amends Section 10-363 of the Houston Code of Ordinances. It would remove the window screen exemption and require operable air conditioning in each habitable space, meaning any interior space lawfully occupied for living, sleeping, eating, or cooking.
Compliance would not require central HVAC. Window units, portable units, or other refrigerated air equipment capable of meeting the standard would satisfy the ordinance. Property owners would have 90 days after passage to comply, and would be expected to make reasonable and continuous progress toward compliance before that deadline.
The Data Behind the Proposal
According to 2023 U.S. Census data cited in the ordinance, more than 20,000 single family and multifamily rental units in the Houston metro area have no air conditioning at all, neither central air nor window units. That same year, Houston recorded its hottest temperature ever at 109 degrees Fahrenheit.
Harris County Public Health reported more than 7,600 cases of heat related illness between 2019 and 2023, and found that indoor areas without air conditioning significantly increased the risk of heat related health problems. At least 279 people died from heat in Texas in 2022, many of them people experiencing homelessness or living without air conditioning. Houston Health Department data show that heat waves drive sharp increases in 911 calls and hospitalizations, and 311 complaints about air conditioning rise seasonally.
Access to air conditioning is not evenly distributed across the city. Harris County Public Health maintains a Climate and Health Vulnerability Assessment map showing which neighborhoods have the lowest rates of air conditioning access. Reporting from Houston Landing and Texas Housers has documented that these gaps fall disproportionately in Black and Latino neighborhoods.
What Other Texas Cities Have Done
Dallas, Denton, and Austin have each adopted air conditioning requirements for habitable rooms without a screen exemption. When Austin considered its requirement, the Austin Housing Department issued an Affordability Impact Statement concluding the change would have a neutral impact on affordable housing, development costs, and land use. Supporters of the Houston proposal point out that no documented rent increases have been connected to the ordinances in those three cities. Some property owners and housing groups raise concerns about compliance costs and enforcement burden, particularly for owners of older buildings and small landlords.
How to Participate
Sign on in support. Texas Housers is collecting sign ons from organizations and individuals who support the ordinance. You can add your name here.
Learn how to give public comment. Texas Housers is hosting a Zoom training on Tuesday, July 14 from 5:30 to 6:30 p.m. covering what Houston City Council public comment sessions are like and how to prepare remarks. Sign up for a calendar invitation here.
Speak at City Council. Public session dates later this month are Tuesday, July 21 at 2 p.m. and Tuesday, July 28 at 5 p.m. The full City Council meeting schedule is posted online.
Contact your council members directly. Whether you support the ordinance, oppose it, or have questions, you can reach your representatives here.
Know your rights right now. Regardless of what Council decides, current Houston law and the Texas Property Code already give tenants certain protections around habitability and repairs. Our Housing and Environment thread connects Greater Third Ward residents to tenant rights organizations, legal aid, and utility assistance. Our Political Empowerment and Legal thread lists your elected officials and how to reach them.
The Cloth shares information so Greater Third Ward families can understand policy proposals that affect them and decide for themselves how to respond. Ordinance details are drawn from the Proposition A council member item and materials shared by Texas Housers.