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Landlords in Cincinnati can be fined for allowing rental spaces to fall below 70 degrees

Here's what renters should know if they lose heat in winter
Experts say the price of a rental apartment may begin to stabilize later in 2022.
Posted at 11:36 AM, Nov 20, 2023
and last updated 2023-11-20 14:49:48-05

CINCINNATI — Landlords in Cincinnati can be fined for each day they fail to provide "adequate" heat to their renters as temperatures outside begin to drop this season.

The Cincinnati Health Department issued a press release reminding landlords and tenants that the city has requirements about rental spaces that go without heat in the winter.

The requirements apply specifically to rental units in which residents don't have individual control of heating operations. The Cincinnati Board of Health requires inside temperatures to stay at a minimum of 70 degrees once outside temperatures fall below 60 degrees for 24 consecutive hours.

If landlords fail to maintain that, or if the heat goes out within an apartment building in the city, they can be fined and possibly jailed if complaints are made.

"Landlords can face fines of $300 for the first day and $750 for each additional day they do not supply adequate heat," said Antonio Young, director of environmental health at the Cincinnati Health Department.

Young said landlords can also be criminally prosecuted for not complying with the Board of Health's requirements, including facing up to 180 days in jail and a fine of up to $1,000.

"The reason for the lack of heat does not matter," said Young. "Landlords must follow the law and apartments must be adequately heated."

If the heat is out because of a large repair, like a furnace or boiler replacement, landlords can provide temporary heating options by giving tenants space heaters that can provide them with at least 70 degrees of heat within the living space. If space heaters are not available, landlords can provide temporary housing like a short-term hotel stay instead.

If repairs are not made quickly, the city's building department can also implement fines and criminal penalties.

Last year, the Cincinnati Health Department received 372 complaints for no heat or inadequate heat — a 102% increase over 2021, when the department received 184 complaints.

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Residents whose homes are not kept at 70 degrees or higher by their landlords can file a complaint with the Cincinnati Health Department. If their landlords take no action, tenants should call 311 or the Cincinnati Department of Health's Healthy Homes office at 513.352.2908 to file a formal complaint.

Once the complaint is filed, the health department said an environmental health specialist will set a date to evaluate the living space. If the temperature is found to be below 70 degrees, an order will be issued for the landlord or owner of the property to correct the problem.

If it's not corrected, the health department can confer with the city's law department to pursue "escalated enforcement," says the press release.

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