Can Your Landlord Actually Prohibit You From Installing One?

With temperatures fluctuating from hot to cold across the country, many are wondering whether or not their landlord has the right to prohibit you from installing a window A/C unit. Many apartment complex residents report that they receive notices stating that, simply because of the way they look, they are not allowed to have these units installed. With many people anticipating an even hotter summer in the coming year, residents are wondering what they will do when temperatures continue to rise.

If you are any member of your household has a medical condition that constitutes a disability, you may be able to request an exemption due to the need of a reliable AC unit under the window unit rule. With applicable Fair Housing Laws and Stipulations, a disability is a mental and or physical impairment or limitation on regular lifestyle activities that may warrant the necessity of a window AC unit. Keep in mind that California laws specifically dictate that a major disability is heart disease and one major factor affecting the heart is extreme heat.

Federal and state law specifically requires residential providers and landlords to make the necessary changes to their rules and policies when dealing with situations of physical disabilities under the Fair Housing and Equal Opportunity laws for the sake of having a safe living environment. It is recommended that any such resident that is not receiving these accommodations request such changes to be made to their landlords or management staff either verbally and or in writing.

It is always best practice to do both for the sake of tracking and accountability. In the case of the renter or tenant, if you submit a written request, state law dictates that your landlord cannot push back and require you to use any other documentation. It is also recommended in the case of sending your landlord a written request that you obviously keep a copy for yourself and send your landlord a copy via “certified mail”.

Keep in mind that heart disease may not be so obvious or “in-the-moment” visually apparent, so make sure that you visit your doctor and provide the necessary documents to your landlord or property management staff as proof of the disability. In this scenario, with your written request and verbal request along with medical proof of heart trouble or any other physical ailment, your landlord is, in most circumstances, under state and federal law and must comply with the need of installing a window AC unit.

Anything is possible and believe or not your property manager or landlord can deny your request if he or she feels that the request for an external air-conditioning unit posses an unnecessary financial burden, alters operations, or simply if they feel the request is not reasonable. In these cases, it is recommended that the tenant politely engage the landlord or property manager in a simple conversation explaining the situation. In most situations, a compromise can be met to the mutual benefit of both parties involved.

Contact Capistrano Air, Inc. today for a free evaluation if you are looking to install and or repair your air conditioning unit in Southern California.

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