Refrigerators and stoves will no longer be considered an amenity, but essential appliances that housing providers must provide in the New Year

At a time when operating costs are skyrocketing, rental housing providers will face another costly mandate in the New Year because of California Assembly Bill 628 (AB 268). This law amends Civil Code § 1941.1 to expand what is considered part of a “tenantable” dwelling. Under the amendment, most residential leases must include both a refrigerator and a stove in good working order.

Refrigerators must be "capable of safely storing food," while stoves need to be "capable of safely generating heat for cooking purposes. AB 628 will apply to leases entered into, amended, or extended on or after January 1, 2026. Moreover, if an appliance is subject to a recall, the landlord must repair or replace it within 30 days.

Action items for housing providers

• Audit rental units now: Check which rentals already include refrigerators and which don't. For units missing them, plan for acquisition, installation, and ongoing maintenance. The compliance and administrative hurdles will be especially taxing for owners or property managers of older, tired buildings or multiple small units.

• Budget for appliance costs and maintenance: AB 628 makes refrigerators a habitability requirement, meaning they must function. We need to put some money aside to absorb the potential, unexpected expenses of complying with this law.

• Update lease language: Do not fret - Bornstein Law has the necessary verbiage prepared.

• Respond to recalls promptly: If a refrigerator is recalled, it must be repaired or replaced within 30 days of notice.

Nothing prevents tenants from having their own refrigerator if both parties agree when the lease is inked. There is specific language that informs the tenant of their resposibility of keeping the refrigerator in working order. Keep in mind, the tenant can change their mind and tell the landlord they no longer wish to keep their own refrigerator.

If so, the landlord has a 30-day window to provide one to the tenant. The law does not allow a tenant to provide their own stove.

AB 628 expands liability

Under California's implied warranty of habitability, tenants must have certain essentials like running water, heat, electricity, and plumbing to satisfy the requirement that the rental unit is maintained in a livable condition. By now tying refrigerators and stoves to the statutory requirement of habitability, tenants and their attorneys have more ammunition to create mischief for landlords.

Under the original version of the bill, AB 628 would have imposed an even more alarming requirement that housing providers install stoves and refrigerators in every unit and replace those appliances every 10 years, regardless of the condition of those appliances.

We are grateful that sober-minded legislators and our industry partners have shepherded through amendments to water down the law, but let's face the reality that things can and will break down. Questions abound. What, exactly, is a "working refrigerator"? What about compact models in smaller units - do they meet the law's requirements? And what if the tenant damages a refrigerator? How many burners must the stove have? May it be a simple cooktop (or “cooker” in Ireland), or must it be a freestanding appliance, perhaps with an oven?

These uncertainties may open the floodgates to costly litigation and increased liability. We will have more to say about this matter and will put a fine-tooth comb to the law in the coming weeks and months.