State College, PA asked in Landlord - Tenant for Pennsylvania

Q: In Pennsylvania is a roommate or landlord legally obligated to your safety in the apartment?

My roommate is constantly setting the thermostat down to 60 when my other roommates and I leave our apartment and go to bed. I have asthma and this often disrupts my breathing and my girlfriend is prone to pneumonia. Is there any way I can force him to keep the temperature up? I'm also scared for the spring because I'm severely allergic to pollen. I require the windows to be shut and the AC to be on or I cannot breathe. If he were to do whatever he wants I could be put in a hospital. We have tried mediation and compromise but he is not budging on the issue.

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1 Lawyer Answer

A: 60 is often the minimum that is allowed at night. For example, the City of Harrisburg has enacted a Housing Code which establishes minimum standards for every building used as a residence, which states landlords must "Provide heat between October 1st and May 15th at a minimum of 65° between 6:30 AM and 10:30 PM; 60° during the night and when the temperature is below 0° unless otherwise provided by lease." In New York, there is a similar law.

60 is pretty low, in my opinion, and it often throws people off.

Check out whether State College has a similar housing code: http://www.statecollegepa.us/681/Information-for-RentersTenants

Since you tried mediation and compromise, I might just move out unless this is really about money. If so, how much does he want to keep it at a higher temperature.

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