Every rental unit located within the Borough shall be provided
with heating and cooling facilities capable of maintaining certain
temperatures within the living area of the rental unit, as provided
by this chapter.
A.
Heat supply. Every owner and operator of any building who rents,
leases or lets one or more dwelling units on terms, either express
or implied, to furnish heat to the occupants thereof shall supply
sufficient heat during the period from October 1 to April 30 to maintain
the room temperature at no less than 65° F. in all living areas
of the rental units during the hours between 6:30 a.m. and 10:30 p.m.
of each day and not less than 60° F. during all other hours.
B.
Cooling supply. Every owner and operator of any building who rents,
leases or lets one or more dwelling units on terms, either express
or implied, to furnish air conditioning or cooling mechanisms to the
occupants thereof shall supply sufficient cool air during the period
from May 1 to September 30 to maintain the room temperature at no
more than 74° F. in all living areas of the rental units.
A.
Landlords who have agreed to provide heating and/or cooling facilities
to their tenants shall be bound to such obligation. Failure of heating
and/or cooling facilities, mechanical, electrical or otherwise, shall
not excuse a landlord's obligation to provide such facilities.
B.
Borough officials, accompanied by trained medical and/or emergency response personnel, if necessary, shall have the right to enter and inspect any and all rental units located within the Borough during the hours of 8:00 a.m. and 8:00 p.m., with or without notice to the landlord, or at any other time if the Borough officials are advised of conditions within the rental unit(s) which do not meet the standards set forth in § 256-23 or which otherwise may present a danger to the health and safety of the tenants of such unit(s). The Borough action authorized by this § 256-24 shall be solely for the purpose of ensuring that the rental units within the Borough are in compliance with the requirements of § 256-23. In the event access to a rental unit is denied, the Borough shall obtain a search warrant as provided at § 256-13D and E.
C.
Upon notice by the Borough after the aforementioned inspection, the landlord shall be obligated to promptly repair the heating or cooling systems for the affected rental units or, in the alternative, provide for alternate, temporary housing for the tenants of the rental unit(s) affected by the failed system. Such alternate, temporary housing shall comply with the requirements of § 256-23.
D.
In the event that any landlord in the Borough fails to act in accordance with the requirements contained in this § 256-24, the Borough shall have the authority to act immediately to protect the health and safety of the tenants if, following consultation with trained medical and/or emergency response personnel, it is determined that extreme hot or cold weather conditions exist which may present a danger to the health and safety of Borough residents. To this end, the Borough may either cause the repair of the failed system or provide for alternate temporary housing for the tenants of the rental units affected by the failed system. All expenses incurred by the Borough pursuant to this § 256-24 shall be the responsibility of the landlord of the subject rental unit(s).
