HAMILTON — Hamilton has approved a two-summer pilot that will require landlords in the downtown Ward 2 area to keep at least one habitable room in covered rental units at or below 26 C.

The Adequate Temperature Bylaw pilot is scheduled to run from June 1, 2027, through September 15, 2028. City staff will use the results to assess costs, enforcement and implementation before reporting back to council on whether the program should expand citywide.

The rule is not yet in effect. The City says fall 2026 through spring 2027 will be used to develop administrative processes, educational material and procedures for exemptions and enforcement.

About 15,800 rental units could be covered

The City estimates roughly 15,800 rental units could fall within the pilot area. Ward 2 was selected because it has a high concentration of rental housing and elevated heat vulnerability; nearly 80 per cent of residents in the area rent their homes, according to the 2021 census figures cited by the City.

The downtown boundary described by the City runs from Hamilton Harbour south to the Niagara Escarpment, and from Queen Street east to Wellington Street North and the Claremont Access.

Landlords will be responsible for meeting the 26 C standard in at least one habitable space, regardless of whether air conditioning is already supplied. The bylaw provides for exemptions where compliance is not feasible because of building or infrastructure limitations.

Complaint-based enforcement planned

Enforcement will be reactive and complaint-based, similar to other municipal bylaw complaints. The City has not presented the pilot as a requirement that every room have air conditioning; the standard focuses on the temperature in at least one habitable room and allows landlords to choose an appropriate cooling measure.

Hamilton's existing Property Standards Bylaw has a narrower reach. Where a landlord already provides air conditioning, that equipment must be kept in good repair and be capable of maintaining 26 C or less. The new pilot extends a maximum-temperature obligation to covered units even when the landlord does not currently supply air conditioning.

City calls the program an Ontario first

Hamilton describes the bylaw as the first municipal program of its kind in Ontario. The province has allowed tenants in most circumstances to install window or portable air conditioners, but it has not established a provincewide maximum indoor temperature for rental homes.

The City points to Health Canada guidance that recommends a 26 C indoor limit for older adults during extreme heat. Officials also say Hamilton is expected to experience more days above 30 C, longer heat waves and more nights that remain above 20 C as the climate warms.

The pilot will operate for two full summer seasons before a planned evaluation in 2029. Council will then consider the evidence and decide whether to continue, change or broaden the program.

Sources: City of Hamilton media release, published October 8; City of Hamilton pilot details and implementation timeline; CHCH News, published October 7; The Canadian Press via Global News, published October 8.

Lead image: Hamilton City Hall, September 2008 file photo by Nhl4hamilton via Wikimedia Commons, public domain. Not a photograph of a rental unit or bylaw inspection.