Chicago's heat and cooling rules

The Heat Ordinance is part of the city's rules for existing buildings. The Department of Buildings enforces the Chicago Minimum Requirements for Existing Buildings, which include the Heat Ordinance, Section 14X-8-803 of the Municipal Code. It applies to both homes and workspaces. From September 15 through June 1, a rental home must be 68 degrees inside from 8:30 a.m. to 10:30 p.m., and 66 degrees from 10:30 p.m. to 8:30 a.m.

The rule depends a little on how the building is heated and cooled. In residential buildings with shared central heating and no central cooling, those minimums apply for the entire heating season. In buildings where one system provides both heat and cooling, sometimes called two-pipe buildings, they apply for most of the heat season. Because it takes time to switch that kind of system between heating and cooling, special rules apply to those buildings for the first and last month of the heat season.

The minimums are for habitable spaces, meaning rooms meant for recreation, working, sleeping, eating or cooking. Closets, hallways, storage areas and utility rooms are not habitable spaces, and the ordinance sets no minimum temperature for them. Bathrooms and toilet rooms are not habitable spaces either, but the ordinance specifically requires heat in them.

Source: City of Chicago

Who is responsible depends on who controls the heat. In cold weather months, landlords must supply heat to apartments where the occupants do not have individual control of the heat. Where each unit has its own heating equipment, that equipment must be able to keep 68°F inside under expected Chicago winter weather. Landlords must also keep that individual equipment in good operating condition, and tenants with their own equipment may have to pay the utility bills for it.

In all cases, the building owner, the landlord, is responsible for keeping heating equipment in good working order. The reason for a lack of heat does not matter: owners must follow the law, and heat must be provided. If heating equipment fails when heat is required, that is an immediate violation of the ordinance. The city advises owners to inspect heating equipment routinely in late summer and do the maintenance the manufacturer recommends, to lower the chance of a sudden failure.

Source: City of Chicago

Not every heat source satisfies the ordinance. It can be met with any permanent heating system the Chicago Mechanical Code recognizes, such as steam or hot water radiators, other water-based systems, warm-air furnaces and heat pumps. Fireplaces cannot be used to meet it. Cooking appliances, water heaters and portable space heaters cannot be used to meet the minimums either.

An owner can use space heaters to add heat, but not to meet the required temperatures. The city's code also prohibits portable heating equipment that uses a flame and gasoline as fuel. On a warm fall or spring day, a building may turn heating off or run air conditioning during the heat season, as long as the required minimum indoor temperatures are kept.

Source: City of Chicago · WBEZ Chicago · Metropolitan Tenants Organization

Cooling rules in Chicago are narrower than heat rules. Chicago has laws that make landlords keep apartments warm in winter, but no similar blanket rule to keep them cool in summer. The city does not require landlords to provide air conditioning in all apartments. Landlords must, however, maintain existing air-conditioning units, according to state law.

The City Council passed a cooling ordinance in June 2022. According to the Sun-Times, the ordinance requires certain buildings, including nursing homes, housing for older persons, high-rises over 80 feet and residential buildings with 100 or more units, to provide air conditioning in every unit or keep an air-conditioned common area open to residents when the heat index is over 80 degrees. Buildings for seniors must have air conditioning in all common indoor spaces, while other covered buildings need at least one air-conditioned common area. Under a separate ordinance, all rooms in nursing homes and elderly housing must be cooled to 75 degrees when the outdoor heat index is over 80 degrees.

The city's announcement of the update also said permanent air conditioning would be required in all newly built daycares, pre-K-12 schools and residential building projects. The Chicago Construction Code makes every building owner responsible for keeping mechanical systems, cooling equipment included, working and maintained. The Sun-Times reported that landlords and building owners can be fined up to $1,000 per day, per violation.

Source: Chicago Sun-Times · City of Chicago

If you rent and the heat is not working, start with your landlord. The Department of Buildings encourages residents to contact their landlord first and to call 3-1-1 if nothing is being done. You can report a building with no heat or too little heat at 311.chicago.gov or by dialing 311. If you think your building is not meeting the cooling requirements, the Department advises filing a report by calling 311 as well.

Give enough detail about the problem and where it is that an inspector can respond. If the problem is inside a space not open to the public, such as your apartment, leave contact information so an inspector can arrange access. Keep a record too: tenants should report through 311, request a building inspection and write down the report's reference number.

The Department of Buildings gives heat complaints priority during the heat season and inspects on evenings and weekends as needed. After a complaint, an inspector visits and records whether the temperature is adequate, whether they could get in, or whether there is a code violation. A WBEZ analysis of complaints from February 2019 through February 2024 found that 30% were not investigated because the inspector could not get in. Being reachable when the inspector comes can make the difference.

Source: City of Chicago · Chicago Sun-Times · WBEZ Chicago

The city can act against owners who break the heat rules. The Department of Buildings inspects and takes action against landlords and employers found breaking the law. Landlords and owners face fines of $500 to $1,000 per day, per violation, if they do not supply adequate heat or working heating equipment. When warranted, the city takes owners to court to make them restore heat and hot water, or to have a receiver appointed to restore heat.

Tenants have their own remedies under the Residential Landlord and Tenant Ordinance, the RLTO. Tenants without heat may have the right to withhold rent under the RLTO. Heat, running water, hot water, electricity, gas and plumbing count as essential services under it. Before taking any action, you must give your landlord notice of the problem. Before withholding rent, a tenant must write a letter that cites the city ordinance and deliver it to the landlord.

WBEZ reports that a reasonable amount of rent can be withheld if the owner does not fix the problem within 24 hours of the tenant's notice. If heat is not restored after 72 hours, a tenant can end the lease with written notice. A tenant who wants to stay can instead restore the heat by paying the utility company directly and taking that payment out of the rent. Keep the utility's receipt so you can prove what you paid. You may not end the lease for a missing essential service if the utility company itself cannot provide it. These are general rules, so a tenant's group or legal aid can help with your own situation.

Source: City of Chicago · Illinois Legal Aid Online · WBEZ Chicago · Metropolitan Tenants Organization