A new law under consideration would make it illegal for landlords to ban tenants from installing air conditioning units in Spokane rentals at any time that the National Weather Service issues a heat-related alert.
The ordinance, introduced Monday and sponsored by City Council President Betsy Wilkerson and Councilwoman Kitty Klitzke, is not appearing out of thin air.
As recently as 2016, leases for the Wolfe and New Washington apartments in downtown Spokane banned the installation of air conditioners. In a 2022 feature, The Inlander noted that 19 people had died in the 70 units between those two low-income apartments between 2016 and 2021.
When the ordinance was introduced, Councilman Michael Cathcart questioned whether any landlords were restricting or removing air conditioning units needed during times of extreme heat.
On Monday evening, Klitzke pointed to recently surfaced reports that nonprofit Spokane Neighborhood Action Partners had directed the removal of air conditioning units in the Alexandria Apartments due to liability concerns. The nonprofit’s representatives could not immediately be reached for comment Monday.
Other common lease provisions, such as barring tenants from altering a rental without permission or agreements if the landlord pays the electricity bill, could also leave the door open for landlords to reject an air conditioner in the window.
“Tenants in buildings where the landlord pays the utilities, those tenants are often denied any other cooling devices,” said Terri Anderson, interim executive director of the Tenants Union of Washington State.
But a number of provisions in the ordinance could create just as many loopholes, she worries.
Under the new law, landlords could still prohibit a tenant from installing an air conditioner under a number of conditions. This includes if the device would violate building codes or state or federal law, but also if installation would “damage the premises,” which is not clearly defined.
Window-mounted air conditioners, one of the most common and frequently cheapest options available, could also be banned by a landlord if they require hardware such as brackets and screws mounted to a window frame. These are often necessary to safely install a unit in a window and prevent it from falling, particularly on a window sill that isn’t flat, which are more commonly found in older buildings — which also frequently have relatively poor insulation and are more prone to retaining heat at night.
In a brief interview before Monday’s council meeting, Klitzke said she planned to introduce an amendment to allow “reasonable” installation.
“Most of the windows in older apartments from 1950 and before are wood and should be able to have reasonable use of brackets,” Klitzke said.