EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0339* HOUSE BILL 339 N1 5lr2042 By: Delegates Lehman, Allen, Foley, Harris, J. Long, Martinez, Pena–Melnyk, Ruth, Solomon, Stein, Stewart, Taveras, Taylor, Terrasa, Woods, and Ziegler Introduced and read first time: January 13, 2025 Assigned to: Environment and Transportation A BILL ENTITLED AN ACT concerning 1 Real Property – Residential Rental Apartments – Air–Conditioning 2 Requirements 3 FOR the purpose of requiring a landlord to provide air–conditioning to certain residential 4 rental units in a certain manner; and generally relating to air–conditioning 5 requirements for residential rental units. 6 BY adding to 7 Article – Real Property 8 Section 8–121 9 Annotated Code of Maryland 10 (2023 Replacement Volume and 2024 Supplement) 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That the Laws of Maryland read as follows: 13 Article – Real Property 14 8–121. 15 (A) IN THIS SECTION, “HVAC SYSTEM” MEANS A HEATING , VENTILATING, 16 AND AIR–CONDITION ING SYSTEM. 17 (B) (1) THIS SECTION APPLIES ONLY TO RESIDENTIAL RENTAL UNITS IN 18 APARTMENT BUILDINGS . 19 (2) THIS SECTION DOES NOT APPLY TO RESIDENTIAL RENTAL UNITS 20 LOCATED IN PROPERTY LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES. 21 2 HOUSE BILL 339 (C) A LANDLORD SHALL PROVI DE AIR–CONDITIONING IN EACH 1 RESIDENTIAL UNIT IN ACCORDANCE WITH SUBS ECTION (D) OF THIS SECTION AS 2 FOLLOWS: 3 (1) BEGINNING JUNE 1, 2025, FOR NEWLY CONSTRUCTE D 4 RESIDENTIAL RENTAL U NITS; AND 5 (2) BEGINNING OCTOBER 1, 2025, FOR RESIDENTIAL RENT AL UNITS 6 THAT UNDERGO AN UPGRADE OR MAINTE NANCE TO THE UNIT ’S HVAC SYSTEM 7 THAT MEETS THE THRESHOLD OF “ALTERATION” OUTLINED IN THE AMERICAN 8 SOCIETY OF HEATING, REFRIGERATING , AND AIR–CONDITIONING ENGINEERS 9 (ASHRAE) STANDARD 90.1 (ENERGY STANDARD FOR SITES AND BUILDINGS 10 EXCEPT LOW–RISE RESIDENTIAL BUILDINGS). 11 (D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , EACH YEAR 12 FROM JUNE 1 TO SEPTEMBER 30, BOTH INCLUSIVE , A LANDLORD SHALL PRO VIDE 13 AIR–CONDITIONING IN EACH R ESIDENTIAL UNIT : 14 (I) AT A TEMPERATURE IN T HE 90% ACCEPTABILITY 15 THRESHOLD OF THE ASHRAE STANDARD 55 (THERMAL ENVIRONMENTAL 16 CONDITIONS FOR HUMAN OCCUPANCY) AT 3 FEET ABOVE THE FLOOR LEVEL IN 17 EACH HABITABLE SPACE IN THE UNIT; AND 18 (II) IF A DAY’S 24–HOUR TEMPERATURE AVE RAGE IS EXPECTED 19 TO BE GREATER THAN 92.3 DEGREES FAHRENHEIT, AT A TEMPERATURE IN THE 80% 20 ACCEPTABILITY THRESH OLD OF THE ASHRAE STANDARD 55 AT 3 FEET ABOVE THE 21 FLOOR LEVEL IN EACH HABITABLE SPACE IN T HE UNIT. 22 (2) (I) FOR AN AIR–CONDITIONING SYSTEM THAT IS NOT UNDER 23 THE CONTROL OF THE T ENANT, THE LANDLORD SHALL M AINTAIN THE 24 TEMPERATURE IN THE U NIT IN ACCORDANCE WITH P ARAGRAPH (1) OF THIS 25 SUBSECTION. 26 (II) FOR AN AIR–CONDITIONING SYSTEM THAT IS UNDER THE 27 CONTROL OF THE TENAN T, THE LANDLORD SHALL E NSURE THAT THE 28 AIR–CONDITIONING SYSTEM IS IN GOOD WORKING O RDER AND IS CAPABLE OF 29 MAINTAINING THE TEMP ERATURE IN THE UNIT IN ACCORDANCE WITH P ARAGRAPH 30 (1) OF THIS SUBSECTION. 31 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 32 apply only prospectively and may not be applied or interpreted to have any effect on or 33 application to any building construction or renovation for which the building permit is 34 issued before the effective date of this Act. 35 HOUSE BILL 339 3 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1 1, 2025. 2