Beaverton Mayor asks landlords to permit window AC units

The main concern is that landlords in Oregon can legally prohibit residents from using window mounted AC units.

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It’s no secret that Oregon had a hot summer this year. Temperatures hit record highs and a state of emergency was declared because of the unprecedented heat waves. The Multnomah County Medical Examiner found that there were 45 deaths related to the first heat wave in June. Many of the deceased were found alone and without air conditioning or fans.

Apartment residents across Oregon have been voicing concerns about the health risks associated with staying in an overheated apartment for prolonged periods of time. The main concern is that landlords in Oregon can legally prohibit residents from using window mounted AC units.

Lacey Beaty
(Source: City of Beaverton)

After learning that some Beaverton landlords were prohibiting their tenants from using AC units, Lacey Beaty, Beaverton’s Mayor, urged landlords to make exceptions. Beatty also began investigating if there was anything the City of Beaverton could do to block landlords from prohibiting tenants from using window-mounted AC units. But, as it turns out, there’s not much the Mayor can do at the city level.

According to Oregon state law (ORS 90.320), landlord’s must maintain a “habitable” living situation. However, the law does not specifically include air conditioning among those requirements.

Some landlords argue that window mounted AC units represent a liability issue because of the possibility of injury related to an improperly installed unit.

Other state governments addressed landlord concerns about improperly installed window-mounted AC units by passing regulations that ensure tenant safety and minimize landlord liability for improperly installed units.

It’s unclear if Oregon’s state government has any plans to take-up the issue. The Governor’s Press Secretary, Liz Merah, said that the state is focusing on making sure that heat related illnesses are detectable by residents, that cooling centers are in place, and that AC units get into the hands of vulnerable people.

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