EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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 Ziegler, Healey, and R. Lewis
Introduced and read first time: January 13, 2025
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 26, 2025
CHAPTER ______
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–CONDITIONING SYSTEM . 17
2 HOUSE BILL 339
(B) (A) (1) THIS SECTION APPLIES ONLY TO RESIDENTIAL RENTAL 1
UNITS IN APARTMENT B UILDINGS WITH FOUR OR MORE IN DIVIDUAL DWELLING 2
UNITS. 3
(2) THIS SECTION DOES NOT APPLY TO RESIDENTIAL RENTAL UNITS 4
LOCATED IN PROPERTY LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES. 5
(C) (B) A LANDLORD SHALL PROVI DE AIR–CONDITIONING IN EACH 6
RESIDENTIAL UNIT IN ACCORDANCE WITH SUBS ECTION (D) (C) OF THIS SECTION AS 7
FOLLOWS: 8
(1) BEGINNING JUNE 1, 2025, FOR NEWLY CONSTRUCTE D 9
RESIDENTIAL RENTAL U NITS; AND 10
(2) BEGINNING OCTOBER 1, 2025, FOR RESIDENTIAL RENT AL UNITS 11
THAT UNDERGO AN UPGRADE OR MAINTE NANCE TO THE UNIT ’S HVAC SYSTEM 12
THAT MEETS THE THRES HOLD OF “ALTERATION” OUTLINED IN THE AMERICAN 13
SOCIETY OF HEATING, REFRIGERATING , AND AIR–CONDITIONING ENGINEERS 14
(ASHRAE) STANDARD 90.1 (ENERGY STANDARD FOR SITES AND BUILDINGS 15
EXCEPT LOW–RISE RESIDENTIAL BUILDINGS) RENOVATION THAT INCL UDES THE 16
REPLACEMENT OR SUBST ANTIAL UPGRADE OF EL ECTRICAL SYSTEMS OR HEATING 17
SYSTEMS. 18
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , EACH YEAR 19
FROM JUNE 1 TO SEPTEMBER 30, BOTH INCLUSIVE , A LANDLORD SHALL PRO VIDE 20
AIR–CONDITIONING IN EACH RESIDENTIAL UNIT : 21
(I) AT A TEMPERATURE IN T HE 90% ACCEPTABILITY 22
THRESHOLD OF THE ASHRAE STANDARD 55 (THERMAL ENVIRONMENTAL 23
CONDITIONS FOR HUMAN OCCUPANCY) AT 3 FEET ABOVE THE FLOOR LEVEL IN 24
EACH HABITABLE SPACE IN THE UNIT; AND 25
(II) IF A DAY’S 24–HOUR TEMPERATURE AVE RAGE IS EXPECTED 26
TO BE GREATER THAN 92.3 DEGREES FAHRENHEIT, AT A TEMPERATURE IN THE 80% 27
ACCEPTABILITY THRESH OLD OF THE ASHRAE STANDARD 55 AT 3 FEET ABOVE THE 28
FLOOR LEVEL IN EACH HABITABLE SPACE IN T HE UNIT. 29
(2) (I) FOR AN AIR–CONDITIONING SYSTEM THAT IS NOT UNDER 30
THE CONTROL OF THE T ENANT, THE LANDLORD SHALL M AINTAIN THE 31
TEMPERATURE IN THE U NIT IN ACCORDANCE WI TH PARAGRAPH (1) OF THIS 32
SUBSECTION. 33
(II) FOR AN AIR–CONDITIONING SYSTEM THAT IS UNDER THE 34
CONTROL OF THE TENAN T, THE LANDLORD SHALL E NSURE THAT THE 35 HOUSE BILL 339 3
AIR–CONDITIONING SYSTEM IS IN GOOD WORKING O RDER AND IS CAPABLE OF 1
MAINTAINING THE TEMP ERATURE IN THE UNIT IN ACCORDANCE WITH P ARAGRAPH 2
(1) OF THIS SUBSECTION . 3
(C) EXCEPT AS OTHERWISE N ECESSARY FOR PURPOSE S OF REASONABLE 4
MAINTENANCE AND REPA IR, EACH YEAR FROM JUNE 1 TO SEPTEMBER 30, BOTH 5
INCLUSIVE, A LANDLORD SHALL PRO VIDE AIR–CONDITIONING IN EACH 6
RESIDENTIAL UNIT AS FOLLOWS: 7
(1) FOR AN AIR–CONDITIONING SYSTEM THAT IS NOT UNDER TH E 8
CONTROL OF THE TENAN T, THE LANDLORD SHALL M AINTAIN THE TEMPERAT URE IN 9
THE UNIT AT NOT GREA TER THAN 80 DEGREES FAHRENHEIT AT 3 FEET ABOVE THE 10
FLOOR LEVEL IN EACH HABITABLE SPACE IN T HE UNIT; AND 11
(2) FOR AN AIR –CONDITIONING SYSTEM THAT IS UNDER THE 12
CONTROL OF THE TENAN T, THE LANDLORD SHALL E NSURE THAT THE 13
AIR–CONDITIONING SYSTEM IS IN GOOD WORKING O RDER AND IS CAPABLE OF 14
MAINTAINING THE TEMP ERATURE IN THE UNIT AT NOT GREATER THAN 80 DEGREES 15
FAHRENHEIT AT 3 FEET ABOVE THE FLOOR LEVEL IN EACH HABITA BLE SPACE IN 16
THE UNIT. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 18
apply only prospectively and may not be applied or interpreted to have any effect on or 19
application to any building construction or renovation for which the building permit is 20
issued before the effective date of this Act. 21
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 22
1, 2025. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.