Vancouver landlords to face $1,000 fines for prohibiting air conditioners

An air conditioner and fan in a window above a business on Powell Street in Vancouver. Photo by Jason Payne /PNG

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Vancouver landlords could soon be hit with $1,000 fines if they prevent tenants from installing air conditioners.

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Council unanimously voted Wednesday to amend city bylaws to make refusing the use of a portable air conditioner a ticketable offence with a $1,000 fine.

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The proposal stemmed from a motion introduced last year by OneCity Coun. Lucy Maloney and COPE Coun. Sean Orr.

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Vancouver follows two other cities in the Metro region, New Westminster and Port Moody, which already have regulations prohibiting landlords from restricting tenants’ use of portable cooling devices. Several municipalities in the U.S. have also established regulations for landlords related to cooling.

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Vancouver’s new amended bylaw will include an exception for building owners who can prove they are unable to reasonably comply with the new rules, such as situations where the building would require significant upgrades to allow air conditioners, or if there are major safety concerns. In those situations, the landlord can apply to Vancouver’s chief licence inspector with evidence authenticated by a certified professional, such as an architect or engineer, explaining why cooling devices will not suit a housing unit.

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This year marks the fifth anniversary of the 2021 B.C. “heat dome” that led to 619 heat-related deaths in the province, including 117 in Vancouver, 98 per cent of which occurred indoors and mostly in homes without adequate cooling systems.

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Several doctors and advocates addressed council encouraging them to support the bylaw amendments.

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Vancouver Coastal Health medical health officer Michael Schwandt said research shows some tenancy agreements prohibit air conditioners, which means tenants risk eviction when they try to keep cool.

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Sarah Marsden, First United Church’s director of systems change and legal, told council that while the 2021 heat dome was unprecedented when it happened, similar events will become increasingly common with climate change.

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“Clearly, the next heat dome is not a question of if, but when. And it could be as soon as this month,” Marsden said.

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Vancouver council also voted Wednesday to pressure the province for action on this issue. Council asked Mayor Ken Sim to write a letter to B.C.’s minister of housing and municipal affairs to advocate for changes to the provincial residential tenancy act and strata property act so as to prohibit landlords and strata corporations from restricting the use of portable cooling devices, and to seek an update on Vancouver’s previous request for the ability to establish maximum indoor temperature standards.

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ABC Coun. Sarah Kirby-Yung said she hoped the province will act soon, especially considering the provincial housing minister, Christine Boyle, advocated for tenants’ cooling rights during her time as a Vancouver councillor.

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