Legal Question in Landlord & Tenant Law in California

Apt Mgmt Req'd Under CA law to provide safe onsite gym facilities?

If the property management of an apartment builder has decided to turn off the air conditioning in an effort to conserve energy and electricity costs and a tenant gets a heat stroke as a result, is this negligence or in violation of any housing codes? I live in the Valley and the temperatures can get well over the 100's during the summer but management refuses to turn on the air conditioning in its gym. If tenants are injured as a result, can they sue individually or as a class action?


Asked on 6/13/07, 10:55 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Apt Mgmt Req'd Under CA law to provide safe onsite gym facilities?

The California Housing Code specifically lists 8 serious problems that must be kept to a standard, BUT none of the 8 involve air conditioning. You might go to 10 lawyers and get 10 different opinions, BUT I am not on your side. Usually this is called in law as an "assumption of the risk". You DON'T have to go to the gym, especially on hot days...and believe me, I understand, I am about 110 miles north of you, and usually 10 degrees hotter in the summer (Bakersfield), but the humidity is much higher, so I sympathize, but it doesn't change the law. It is NOT a violation of the housing code, and not negligence (another lawyer might feel there is some negligence). You can always sue. The question is whether your suit would have merit and I have given you my answers. If there are more facts, please feel free to call me, or e-mail me, and we can discuss this further.

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Answered on 6/14/07, 6:23 am


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