The 26°C Rule: New Cooling Standards for New West Landlords
New Westminster has made history as the first BC municipality to mandate a "maximum heat" bylaw for rental housing. Following the 2021 heat dome, the city is moving beyond heating requirements to ensure tenant safety during extreme summer temperatures.
Key Takeaways for Landlords and Tenants:
• The 26°C Threshold: Landlords in multi family buildings must now ensure at least one room in a rental unit can maintain a temperature of 26°C or lower.
• Nighttime Cooling: This standard is measured as an average between 8:00 p.m. and 8:00 a.m., targeting the critical overnight recovery period for the human body.
• No More AC Bans: Landlords can no longer issue blanket bans on portable air conditioning units. While they can require safe installation, for example ensuring a unit will not fall from a window, they cannot prevent a tenant from cooling their space.
• Who Pays: The responsibility to meet this "thermal safety" standard falls on the property owner. While permanent upgrades like heat pumps are encouraged, these costs generally cannot be passed directly to existing tenants outside of the provincial rent increase cap.
Is This Coming to Your City?
While this bylaw is specific to New Westminster, the 2024 BC Building Code already requires new residential builds across the province to have a "cooling capable" room. It is highly likely that Vancouver, Burnaby, and Surrey will look to New West’s model for their own older building stock.
The Bottom Line
Whether you are a landlord looking to upgrade your building’s efficiency or a tenant concerned about summer safety, staying ahead of these municipal shifts is vital.
Questions about your rights? Contact our team at DuMoulin Boskovich LLP for a consultation on BC residential tenancy and municipal law.
This blog post provides general information and is not intended as legal advice. Laws change frequently, please contact DuMoulin Boskovich LLP for advice specific to your situation.
Related Service