(a) A city shall, by ordinance, require that by January 1, 2000, every dwelling unit
leased as rental property within the city shall have, at a minimum, a central or electric
heating system or sufficient chimneys, flues, or gas vents, with heating appliances
connected, so as to heat at least one habitable room, excluding the kitchen, to a
minimum temperature of 68 degrees Fahrenheit measured three feet above the floor with
an outside temperature of 20 degrees Fahrenheit.
(b) If a dwelling unit contains a heating system or heating appliances that meet the
requirements of subsection (a) of this section, the owner of the dwelling unit shall
not be required to install a new heating system or heating appliances, but the owner
shall be required to maintain the existing heating system or heating appliances in
a good and safe working condition. Otherwise, the owner of the dwelling unit shall install a heating system or heating
appliances that meet the requirements of subsection (a) of this section and shall
maintain the heating system or heating appliances in a good and safe working condition.
(c) Portable kerosene heaters are not acceptable as a permanent source of heat as
required by subsection (a) of this section but may be used as a supplementary source
in single family dwellings and duplex units. An owner who has complied with subsection (a) shall not be held in violation of
this section where an occupant of a dwelling unit uses a kerosene heater as a primary
source of heat.
(d) This section applies only to cities with a population of 200,000 or over, according
to the most recent decennial federal census.
(e) Nothing in this section shall be construed as:
(1) Diminishing the rights of or remedies available to any tenant under a lease agreement,
statute, or at common law; or
(2) Prohibiting a city from adopting an ordinance with more stringent heating requirements
than provided for by this section.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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