This policy is specifically for rental units, and include units being rented within condominium buildings. It does not apply to non-residential units, nor owner-occupied or co-op units. Rental units that do not have air conditioning provided by the landlord/owner are not subject to the excessive heat by-law.
While there is a minimum indoor temperature of 21C between October 1 and May 15, there is no maximum temperature under the by-law during this period. There is also no specific requirement for the heat to be on during this time, so if your unit is at or above 21C--such as due to unseasonably warm weather--your landlord does not need to have the heat turned on.
Similarly, there is a maximum indoor temperature of 26C between June 1 and September 30, but there is no minimum temperature during this period. Like with fall/winter season, if your unit is cooler than 26C degrees during this period, your landlord does not need to be cooling your unit.
These measures are intended to accomplish two things. First, it provides flexibility to landlords between May 15 and June 1--a period where weather can be very unpredictable--the opportunity to turn on AC earlier without a risk of a bylaw infraction. Under the previous by-law, landlords were required to maintain a minimum temperature until June, which could result in very uncomfortable indoor temperatures in late May. It also allows them to turn AC on earlier without risk of a penalty. Secondly, for tenants with air conditioning it means that there is a new bylaw infraction for landlords who do not turn on or repair broken AC units. Previously, there was no maximum temperature permitted during the summer. These are both big wins for tenants.
If your unit is too cold or too hot during the appropriate seasons, please contact your landlord/property manager and give them a reasonable time to respond. If they do not respond, or are not responding in a timely manner, you can report this property standard issue to 311. Please see the following webpages for more information:
Excessive heat is associated with several health impacts that can lead to hospitalization or death, including heat stress and heat stroke. Everyone is vulnerable to the effects of excessive heat, but certain groups are at higher risk than others. These groups include older adults, infants, young children and people with chronic illness. They also include socially disadvantaged individuals, such as people living with low income, the elderly, those experiencing housing instability or those in isolated living situations. It is proven that those with breathing problems, mental illness, heart problems or those who are physically impaired are most impacted by excessive heat.
The maximum residential unit temperature regulation was something that my office had promised to implement since the beginning of my office term in 2022. Having heating in the winter and air conditioning in the summer at home is critical to healthy living.
