HOUSTON – The Houston City Council passed a landmark ordinance requiring landlords to provide operable air conditioning in all rental properties — closing a loophole that had long allowed property owners to sidestep the requirement simply by providing window screens. The council approved the measure 12-2.
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The ordinance amends Section 10-363, Division 4, Article IX, Chapter 10 of the Code of Ordinances, Houston, Texas, establishing working air conditioning as a basic health and safety standard for all Houston rental housing. Landlords will not be required to retrofit older buildings with central air. A window unit or portable air conditioner in each habitable space will satisfy the new requirement.
Under previous Houston law, a landlord could legally avoid providing air conditioning as long as a rental property had window screens. On a 109-degree day — the hottest temperature ever recorded in Houston — a landlord would only be required to maintain an interior temperature of 89 degrees. That loophole is now closed.
The new law goes into effect in 120 days.
Council members weigh in
Several council members spoke passionately in support of the ordinance. District A Council Member Amy Peck argued the ordinance addresses a critical public health need.
“Affordability cannot be at the expense of public health,” Peck said.
District C Council Member Joe Panzarella echoed that sentiment, saying the ordinance is asking for the bare minimum of accountability from landlords.
At-Large Position 1 Council Member Julian Ramirez said he thinks of seniors and children across the city living without air conditioning and proper ventilation, noting the broad public support for the proposal.
“While we have received so much comment and support of this proposal, I have not seen anyone opposing this ordinance,” Ramirez said.
Ramirez acknowledged the difficulty of the decision but was clear about where he stands.
“While it is not an easy choice, because I’m inclined to let the market decide.... but this is one of those areas that is not decided by the market, ... it’s a health concern,” Ramirez said.
District H Council Member Mario Castillo framed the vote in terms of basic human safety.
“In Houston, heat impacts health, impacts vulnerable populations the most. Codes and regulations designed primarily to keep people safe — this is raising the bar at the minimum, not a screen but a cooling unit,” Castillo said.
District J Council Member Edward Pollard did not mince words about the severity of the situation.
“The heat in this city is sometimes unbearable... imagine people who have to live like that every single day,” Pollard said.
Pollard went even further, making his position on the ordinance crystal clear.
“To live in this city with no A/C should be criminal,” Pollard said.
Pollard summed up his feelings with a rallying cry for the city’s identity.
“We cannot be a world class city and some people are living with no A/C... that’s not Houston,” Pollard said.
The two dissenting votes came from council members who raised concerns about the financial impact on renters. At-Large Position 2 Council Member Willie Davis raised questions about who would be responsible for enforcing the new requirements and how that enforcement would work in practice.
At-Large Position 3 Council Member Twila Carter voted no, citing concerns about the financial burden the change could place on renters.
“People will not be able to afford electric bills,” Carter said.
District E Council Member Fred Flickinger also voted no, warning the ordinance could have serious consequences for Houston renters.
“Some people will end up facing homelessness if ordinance passes as it is,” Flickinger said.
A loophole with life-or-death consequences
According to 2023 U.S. Census data, more than 20,000 renters in the greater Houston area live in single-family and multi-family rental units without any air conditioning — neither central air nor window units. Seniors, young children, and disabled residents face the greatest risk.
Between 2019 and 2023, the city says Harris County Public Health reported more than 7,600 cases of heat-related illness, with indoor spaces lacking air conditioning identified as a major risk factor. At least 279 people died due to heat in Texas in 2022, and Houston’s first heat-related death of 2023 was a man living in a home without air conditioning.
Extreme heat and limited access to air conditioning disproportionately impact Black and Latino neighborhoods, where residents face higher heat exposure, fewer cooling resources, and greater health risks when rental housing lacks adequate cooling.
How Houston compares to other Texas cities
Houston joins Dallas, Denton, and Austin in adopting air conditioning requirements for rental properties with no window screen exemptions. No implementation date has been announced for the new ordinance.