I should not have to write this. Yet, I find myself reminding landlords and management companies that heat is an essential and minimum habitability requirement under California state and local laws. Too often, landlords refuse to provide any heat, refuse to maintain heating facilities in working order or supply insufficient heating facilities that fail to provide adequate heat to the entire unit.
Implied in every residential lease is a warranty of habitability and a covenant of quiet enjoyment. Green v. Superior Court, 10 Cal. 3d 616, 638 (1974); Guntert v. City of Stockton, 55 Cal. App. 3d 131, 141 (1976). Pursuant to California Civil Code section 1941.1 a minimum requirement for a habitable residential unit must include proper heating facilities maintained in good working order. Cal. Civ. Code § 1941.1. Pursuant to the Health and Safety Code, a unit without adequate heating constitutes a “substandard building.” Cal. Health and Safety Code § 17920.3.
Each city/municipality further defines the minimum requirements for heat. Below are just some examples.
San Francisco: According to the San Francisco Building Code, each dwelling unit and every room therein “shall be provided with heating facilities capable of maintaining a minimum room temperature of 70 degrees Fahrenheit…at a point three feet above the floor in all habitable rooms.” S.F. Housing Code § 701(a)(1) (emphasis added). Moreover, to constitute a proper legal heat source, heat must be furnished from ductwork openings. Id. at § 701(a)(2).
Oakland: According to the Oakland Building Maintenance Code, “All habitable space shall be provided with heating facilities capable of maintaining a room temperature of 68° F at a point 3 feet above the floor.” Oak. Muni. Code § 15.08.260 (emphasis added).
Sacramento: According to the Sacramento Building Code, “every dwelling unit shall be provided with heating facilities capable of maintaining a room temperature of not less than 68 degrees F at a point 3 feet above the floor and 2 feet from the exterior walls in habitable rooms.” Sac. Residential Building Code § R303.10.
Berkeley: Under section 701 of the Berkeley Housing Code, “Ever dwelling unit and guest room used or offered for rent or lease shall be continued to be provided with heating facilities capable of maintaining a minimum room temperature of 70 degrees F. at a point three feet above the floor in all habitable rooms.” Berkeley Housing Code § 701.1.
Los Angeles: Pursuant to the Los Angeles Building Code, “Every residential unit which is rented or leased shall be provided with approved heating facilities capable of maintaining a room temperature of 70 F. at a point three feet above the floor in all habitable rooms.” L.A. Housing Code § 91.8111.1.
If your landlord is refusing to provide heat, you may consider reaching to your local building code enforcement department for inspection and enforcement of minimum heating requirements. Before doing so, please make sure your unit is legal or seek legal assistance. If you have questions about your rights regarding heat, feel free to contact us.
