Commentary: Is a right to cooled air essential to the concept of habitability?

The concept of habitability has evolved over time to reflect changing social expectations, technological capabilities, and updated evidence. Though minimum heating requirements are now widely accepted as an essential component of habitable housing, comparable protections from excessive indoor heat remain relatively rare. In this commentary, we argue that access to cooled air should be understood as essential to habitability in rental housing, particularly in light of increasing exposure to extreme heat and its disproportionate impacts on renters and other socially vulnerable populations. Drawing on historical precedent, public health standards, and our experience supporting the development and implementation of health-informed housing codes, we examine how minimum heating requirements came to be accepted and consider whether similar logic applies to cooling. We also examine three common objections to recognizing a right to cooled air—questioning whether cooling constitutes a health necessity rather than a discretionary amenity, along with concerns about climate and cost—and discuss policy and implementation considerations for communities seeking to protect residents from extreme heat.