Hello everyone!

With summer actually upon us, we thought it would be a great time to let everyone know about Tenant's Rights to have a Portable Cooling Unit! As a reminder, SETA is not a law firm, and any information and resources we provide should not be considered legal advice!

Between May 1st and September 31st, landlords cannot outright ban Portable Cooling Units for Tenants! There are a lot of guidelines, so here is our breakdown!

Which Portable Cooling Devices can a landlord restrict?
Note, the following are the restrictions a landlord CAN impose. If a landlord hasn't outlined a restriction in writing, it is unenforceable. Additionally, landlords MUST include with any written restrictions whether they will operate a community cooling space on/near the premises when an extreme heat event for the county of the premises occurs. 

Installation Restrictions: 

• Any device that would damage the premises, puncture the envelope of the building, or requires brackets or other hardware which would damage or void the warranty of a window or frame
• Any device that would violate building codes or state/federal law, or violate the device manufacturer's written safety guidelines
• Any device that is not adequately drained to prevent damage
• Any device that would require the removal of historical architectural features on historic buildings

Safety Restrictions:

• Any device that would block a necessary egress from the dwelling unit or the device would interfere with the Tenant's ability to lock a window if the window is accessible from the outside
• Any device that is not properly installed in a manner that prevents risk of falling
  • Landlords are not responsible for damage/harm caused by falling units if installed by the tenant
• Any device that would require amperage to power the device that cannot be accommodated by the power service to the building, unit, or circuit
  • Landlord must prioritize allowing use of Portable Cooling Devices for any tenants who require a reasonable accommodation for a portable cooling device. Landlord is not responsible for power outages that occur due to Portable Cooling Devices under these circumstances.

What can a landlord require in order for a tenant to have a Portable Cooling Device?

• Installation be performed by the landlord or agent of the landlord
• Inspections and servicing of the portable unit by the landlord or agent of the landlord

Notices of Termination Related to Violations of Restrictions:

• If the tenant receives a notice of violation regarding any restrictions on portable cooling devices by a landlord AND there are days designated as extreme heat events during the notice period, then:
  • The date of the termination AND the deadline of a cure period (the time allowed for a tenant to end the violation and stop a termination from occurring) will be extended by one day for each day there is an extreme heat event
  • Information regarding extreme heat events are published by the Oregon Housing and Community Services and can be found here: Heat Advisories and Cooling Resources

Are there resources for Oregonians to get Portable Coolling or AC units?

• Yes! Information can be found here for Oregon Health Plan members! Contact your CCO and ask about getting a Portable Cooling Unit through Flexible Services!

​For information related to cooling or smoke shelters in Lane County, you can find that information here: Cooling & Smoke Shelters - Lane County (lanecountyor.gov)

Full information on the laws pertaining to the Right to Cooling can be found, here

If you have any questions about this topic, or anything else related to Landlord Tenant Law, call our hotline at 541-972-3715!