we need our air conditioner

[Kathleen Jensen]

we have twins with asthma/allergies and need an airconditioner, the apt management won't let us keep it in our window...discretely...we have a doctors request to keep it...what can I do?

[HardKnocks]

Buy a portable air conditioner that doesn't go in the window. You can move it from room to room (it's on wheels).

[HardKnocks]

The portable air conditioner is an indoor, free-standing electrical appliance, just like a TV, a stereo system, a microwave, a fan or a hairdryer.

[Kathleen Jensen]

thank you for your response...actually the air conditioner is mounted (without the need of brackets) in the window and is hidden by a large plant...we pay our own electricity, and the apts. are wired to handle, the LL doesn't like the "looks" of the air conditioner extending the window frame...and we are on the bottom floor...I'm questioning their need for accomodating their appearence expectation as opposed to our children's health issues...

[HardKnocks]

The portable a/c has a hose that goes out the window while you're using it.

And the OP pays her own electricity, so the LL can't say squat.

Kathleen: is there anything at all about a/c in your lease?

[Kathleen Jensen]

thanks for your help

[custudent]

I think it will be difficult to get air-conditioner privileges for an asthmatic child under the ADA.

I will direct you to the Toyota Motor Manufacturing v. Williams Supreme Court decision (2002). This gist of the decision is that having a medical condition does not mean you are legally disabled and entitled to protection under the ADA. The case was central to employment law, and narrowed the ADA by asserting that not every medical or psychological disability qualifies as a legal disability. It’s not too much of a stretch to say that in housing cases, a landlord only has to accommodate legal disabilities, not every medical disability or illness.

The first challenge would be to prove that the children’s allergies and asthma is a legal disability. I doubt that allergies would qualify as a legal disability. Asthma is a very common illness with varying levels of severity. Not all cases of asthma would qualify as a disability protected by ADA. It would depend on how limited your children are by their illness.

[Lilly]

I sa yget a note from your doctor or doctors re that it is essential for your childrens health. Has your LL sent you a notice to sure on the AC?
On the other hand an air purifier would do the job aswell as an AC unit, augmented with fans.