We have received a number of questions recently about HVAC systems and whether a basement apartment needs to have a separate heating and cooling system. The answer is no.
There is no restriction regarding a “shared” HVAC system in rental housing as long as the requirements for the minimum heating and cooling are met, i.e., heating minimum of 65F at night, 68F during the day in all occupied space; cooling must be able to maintain the interior air at least 15F cooler than the outdoor temperature.
Note: The construction code does not require air-conditioning, but if installed it must be maintained.
Several people have asked whether space heaters are permitted or more specifically if the basement seems to stay cooler, can you augment the basement heat without having to set the upstairs temperature higher to compensate. While space heaters need to used properly and safely, they are perfectly ok to use. Ultimately the “shared” HVAC system needs to have the capacity to maintain the minimum temperatures to meet code.
Hope this is helpful and as always feel free to post any questions, clarifications or comments. Thanks again.
- Mike Rupert, DCRA
I was having trouble getting my landlord to ensure that my basement apartment isn’t freezing cold. Last night it got down to 59 degrees in my bedroom (I bought a thermometer to see if it was as cold as I thought). When I told the landlord (who lives upstairs) he said he would adjust the thermostat, however it is now 64 degrees and falling. While looking up what the legal heating requirements are, I found that my landlord does not have a C/O according to the PIVS page. If I try to issue a complaint about the heat, but the rental is illegal, then what happens to me? I don’t want to get kicked out of my apartment in the middle of winter because the ceilings are too low or something, but I also don’t want to freeze.
These are tough situations because we also don’t want to kick people out of homes, but we also do not want – and legally can’t – allow people to stay in units that are dangerous. Your landlord could be fined and forced to get inspected and licensed and you do have some legal remedies. I would contact the Office of the Tenant Advocate at http://www.ota.dc.gov and discuss these legal issues and then report your landlord to us.
How can I know if my landlord is required to provide air conditioning in the basement apartment? Currently there is none provided, and with temperatures topping 100 degrees this summer, my apartment has become partially unlivable. My landlord has told me he was not allowed to put in HVAC in the basement due to a law, and the remedy was a dehumidifier which actually pumps out hot air and warms the apartment further….