Hamilton bylaw could be 1st in Canada requiring landlords to provide air conditioning, lawyer says

Hamilton councillors are considering new rules to keep tenants cooler in the summer. 

The "adequate temperature" bylaw would require landlords to ensure unit temperatures don't exceed 26 C. They could do that by installing central air conditioning systems in apartment buildings, or ensuring residents have access to AC units.

Coun. Cameron Kroetsch (Ward 2) proposed developing the bylaw at a public health committee meeting Monday "as quickly as humanly possible," he said. 

The committee unanimously supported his motion, which requested staff develop the bylaw in time for next year's budget process for council to vote on. 

A dozen delegates spoke in favour of a maximum heat standard, similar to how the city already requires landlords to maintain a minimum temperature, ensuring units are warm in the winter. 

Downtown Hamilton resident Damien Ash, who is also an ACORN tenant advocate, said he can only afford to run a small window AC unit and his apartment is sweltering hot for months. 

"When summer rolls around, I just sit in my chair," Ash said. "I don't really move. I can't use the stove all summer long. And trying to sleep when it's 30 degrees is near impossible." 

Hamilton can expect more extreme heat

Many delegates spoke about how city-run cooling places aren't enough, especially for residents living with disabilities. The cooling places are opened in response to Environment Canada-issued heat warnings, but setting a maximum heat standard would apply year round.

If passed, it would be the first bylaw of its kind in Canada, said Jacqueline Wilson, a lawyer with the Canadian Environmental Law Association. And with climate change making extreme heat more prevalent, AC is going to become critical, she said. 

"Indoor temperatures in apartments can get incredibly hot, and stay incredibly hot, during an extreme heat event to the extent that it's dangerous to live in an apartment that does not have active cooling," Wilson told the committee. 

While she said she's not against the bylaw, Coun. Esther Pauls (Ward 7) expressed concern that some residents may want to live in apartments without AC. 

"We grew up in Italy. We just took the heat," Pauls said. 

She also wanted to know who would end up paying for it. Public health manager Jeff Lawson said it would be "not surprising" if some landlords found a way to download the costs to tenants. 

Hamilton is expected to become one of the hottest cities in Ontario in the coming years due to climate change. A University of Waterloo study predicted Hamilton will experience more extreme heat, with 63 "very hot" days above 30 degrees a year by 2051 and 2080 — second only to Windsor. 

The city staff expect there will be more heat waves when the temperature is over 30 C for three or more days, which poses the greatest danger to seniors, said a report.

The public health committee also asked staff to report back later this year about the possibility of helping low income tenants with the cost of running AC units. Staff will also look into tracking heat-related deaths and illnesses.