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S 1013

An Act relative to access to air conditioning and relief from oppressive heat

194th Legislature (2025-2026) Introduced by Mark Montigny and 1 co-sponsor

Gives tenants and condo owners the right to use portable cooling devices (window ACs and evaporative coolers) and curbs landlord bans with safety and electrical-capacity safeguards.

Accompanied a study order, see S2766
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Bill Summary · S 1013

Summary — S.1013: "An Act relative to access to air conditioning and relief from oppressive heat"

Note: The legislative packet provided contains material from several unrelated bills and jurisdictions (including an Idaho trapping bill and other titles). This summary focuses on the Massachusetts bill text titled “An Act relative to access to air conditioning and relief from oppressive heat” (Senate Docket No. 2209 / S.1013), which is the text associated with the hearing scheduled 11/19/2025 in Gardner Auditorium.

Purpose

To increase tenant and condominium unit-owner access to portable cooling devices (e.g., window air conditioners, evaporative coolers), limit enforceable restrictions on such devices, require reasonable accommodations where electrical capacity is limited, and to direct a state study on adding cooling assistance to federal LIHEAP applications.

Key provisions

  • Definition

    • “Portable cooling device” includes air conditioners and evaporative coolers mounted in windows or freestanding units that do not require structural alteration of the dwelling.

  • Tenants / Rental units (proposed insertion to Chapter 186 — Section 14A)

    • Landlords may not prohibit or restrict a tenant from installing/using a portable cooling device unless one or more listed exceptions apply, including:
    • Installation/use would violate building, state or federal law or manufacturer safety guidelines;
    • Device would damage premises or require more amperage than available to the unit/building/circuit;
    • Device would be installed in a window that is necessary for egress or would interfere with an externally accessible locking window;
    • Installation would require hardware that damages/voids window/frame or punctures the building envelope;
    • Requirements to adequately drain or prevent risk of falling are imposed;
    • Landlord requires device be installed/removed, inspected, serviced by landlord, or removed seasonally (Oct 1–Apr 30);
    • The dwelling is already cooled by central air conditioning.
    • Restrictions may only be enforced against a tenant if the restrictions are in writing and delivered to the tenant.
    • Landlords are immune from liability for damages, injury, or death caused by a tenant-installed portable cooling device.
    • Where electrical capacity limits use, landlords must prioritize allowing devices for individuals who require cooling to accommodate a disability; landlords not liable for electrical interruptions beyond their control.

  • Condominiums (proposed insertion to Chapter 184 — Section 23E)

    • Condominium governing-document provisions that restrict/ban portable cooling devices are void and unenforceable unless they meet similar exceptions as for rental units (safety, law, interference with common elements, electrical capacity, egress/locking window issues, damage concerns, or requirement that installation be done by building maintenance/licensed contractor, or seasonal removal).

  • State study on cooling assistance (Dept. of Housing & Community Development with Dept. of Public Health)

    • Study feasibility of applying for Low Income Home Energy Assistance Program (LIHEAP) funding to include cooling assistance.
    • Study elements include: number of qualifying households, potential health impacts (heat-related illness reduction; effects on chronic illnesses), impact on heating assistance capacity, and households in heat islands.
    • Report and any actions to be submitted to specified legislative committees (text lists a July 1, 2024 reporting deadline — this date precedes bill introduction and appears inconsistent in the draft).

Who is affected

  • Tenants in rental housing (increased ability to install/use portable cooling devices)
  • Landlords and property managers (limitations on restrictions; written policy requirements; prioritized accommodation obligations where electrical capacity is limited)
  • Condominium associations and unit owners (governing documents limited in restricting portable cooling devices)
  • Low-income households and state agencies (potential effects if LIHEAP cooling assistance is pursued)

Procedural status & timeline

  • Docket/filing: Senate Docket No. 2209 (S.1013). Sponsors listed on docket: Senator Mark C. Montigny; Michael O. Moore (petitioners).
  • Hearing scheduled: November 19, 2025 — Gardner Auditorium, 11:00 AM–5:00 PM.
  • Text references and a report date (July 1, 2024) appear inconsistent with the 2025 bill timeline; this likely reflects a drafting or carryover error that would need correction.

Potential impacts / considerations

  • Likely to increase heat-relief access for renters and condo owners, improving personal health protection in heat waves.
  • Buildings with limited electrical capacity may face management challenges; landlords are required to prioritize disability-related needs but not to remedy underlying electrical constraints.
  • Condominium bylaws may need revision; associations could lose some control over window/portable-AC restrictions.
  • If the LIHEAP study results in a state application, low-income households could receive cooling assistance in future program years — but costs, federal approval, and impacts on heating assistance would need assessment.

No enforcement penalties or explicit funding provisions are included in the text; many operational details (e.g., notice forms, dispute resolution) would be implemented administratively or require follow-up legislation.

Compiled from official sources — confirm details with the bill’s official record.

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