Spokane Cooling Ordinance: What Housing Providers Need to Do Now

On Wednesday, July 29, the Spokane City Council passed Ordinance C36877, creating new cooling requirements for residential rental housing within the city.

The ordinance includes requirements that housing providers should address now, as well as a separate bedroom-cooling requirement that takes effect in 2032.

For Spokane housing providers, the immediate message is practical: make sure every rental unit has a workable way to adequately cool at least one room.

What Housing Providers Should Do Now

Review each rental unit and determine whether the tenant has access to equipment capable of adequately cooling at least one room.

For many members, this may already be the case. A unit may have central air conditioning, an evaporative cooler, a window unit, or a portable air conditioner that can cool a living room, bedroom, or another appropriate space.

The ordinance does not require every room to be cooled immediately. The practical question is whether the tenant has a safe and functional way to cool at least one room in the unit.

Members should confirm:

• Which room can be cooled;

• What equipment is available;

• Whether the equipment works;

• Whether the electrical system can safely support it; and

• Whether installation would interfere with window security, emergency egress, or other safety requirements.

Housing providers should also review their leases and property rules. Tenants generally cannot be prohibited from installing or using a portable cooling device unless a restriction is permitted under Washington state law. 

Why Members Should Address This Now

If a rental unit does not have qualifying cooling equipment, the tenant may provide written notice to the housing provider.

If the condition is not corrected within more than 72 hours after the notice is received, the ordinance allows the tenant to take additional action. The tenant may:

• Terminate the rental agreement and leave the premises without further obligations under the lease;

• Pursue other remedies available under city or state law; or

• Arrange for cooling equipment and deduct the documented cost from rent.

The initial deduction limit is $500 and will increase annually with inflation. Equipment purchased through this process generally becomes the property of the housing provider.

That is why the smart approach is to address cooling before a written notice arrives.

A 72-hour period may not provide enough time to evaluate electrical capacity, obtain equipment, schedule an electrician, address an egress problem, or complete other necessary work. If a unit can be cooled, members should provide a safe and practical way to do so now.

The Separate 2032 Requirement

The ordinance also includes a separate bedroom-cooling requirement that takes effect on January 1, 2032.

Members should use the coming years to evaluate properties that may require more substantial work. Older buildings may need electrical upgrades, new circuits, different equipment, or other capital improvements before they can meet the bedroom requirement.

The 2032 requirement should be treated as a separate planning issue. It does not change the practical steps members should take now to ensure tenants have access to adequate cooling and to reduce the risk of a 72-hour notice, rent deduction, or lease termination.

New Notices and Paperwork

The ordinance requires a separate and prominent notice concerning cooling rights, responsibilities, and restrictions with new leases and lease renewals.

RHAWA is reviewing the ordinance internally and will work with City of Spokane officials regarding any required notices, forms, or other paperwork changes. Members will receive additional information as those materials and implementation procedures are developed.

In the meantime, members should focus on the practical issue: determine whether each unit can be adequately cooled and correct any obvious problems.

RHAWA’s Work on the Ordinance

RHAWA worked hard, alongside local housing providers and community partners, to improve this ordinance from its earlier versions.

The ordinance that passed is substantially different from the original proposal. RHAWA will continue working with the City as implementation moves forward and will advocate for clear, workable guidance for housing providers and tenants.

The Practical Takeaway

Many Spokane housing providers may already have units that can comply.

However, members should confirm that rather than assume it.

Identify the room that can be cooled, verify that the equipment works, address any electrical or safety issues, and establish a process for responding quickly to tenant notices.

If adequate cooling is not provided after proper notice, the tenant may be able to purchase equipment and deduct the cost from rent, pursue other remedies, or leave the premises.

Be practical and be prepared. If a unit can be cooled, provide a safe and workable way to cool it now.

This article provides general information and is not legal advice. Members with questions about a particular property or tenancy should consult qualified legal counsel.