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Denton City Council Passes New Ordinance Affecting Window AC Units in Rentals and Community Associations

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Denton, TX – The Denton City Council has enacted significant new regulations aimed at ensuring the availability and effectiveness of air conditioning (AC) in both rental properties and within community associations. These amendments to the Denton Code of Ordinances emphasize the city’s commitment to the health, safety, and comfort of its residents, particularly during the extreme temperature conditions of the summer months.

Regulations for Rental Properties: The revised Section 17-166 specifically mandates that all rental dwelling units are equipped with air conditioning systems capable of maintaining indoor temperatures that are significantly cooler than the outside. These systems must ensure an indoor temperature that is 20 degrees Fahrenheit lower than the outdoor temperature or no higher than 81 degrees Fahrenheit, whichever is warmer. This requirement is crucial from May 1 through October 1 each year, aligning with the hottest months.

Property owners are responsible for keeping these systems in operable condition and are required to perform repairs within a reasonable timeframe if malfunctions occur. This legislation underscores the city’s emphasis on protecting residents from potential health risks associated with heat by ensuring they have reliable access to cooling.

Impact on Community Associations: A new section added to Chapter 14 pertains directly to community associations, such as homeowners’ associations (HOAs), and addresses the use of window AC units. Recognizing the need for residents to have the autonomy to ensure their own comfort and safety, the ordinance prohibits community associations from restricting the installation and use of window air conditioning units.

The ordinance declares it unlawful for any community association to prevent a resident from installing window AC units when such installation is necessary for health and safety. It also makes it illegal to impose fines, place liens, or forcibly remove AC units that comply with the city’s regulations.

Penalties and Enforcement: Violations of the new regulations carry serious consequences, including misdemeanor charges and fines up to $500. This stringent enforcement underscores Denton’s commitment to maintaining high standards of living and ensuring compliance across all residential units and communities.

Educational and Support Measures: In addition to the legal requirements, Denton plans to launch educational campaigns to help the public understand the new requirements. The city will also promote existing programs that support these measures, such as the Rental Inspection and Home Repair Programs.

These ordinances are part of Denton’s efforts to enhance the quality of life for its residents by ensuring they have the means to stay comfortable during hot weather.

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