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Gilroy, CA Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum heat
68°F in habitable rooms, bathrooms, toilet rooms
Governing code
IPMC § 602.2, adopted at City Code § 6.7(i)
Not compliance
Fireplaces, cooking appliances, portable heaters do not count
Winter design temp
Fixed at 32°F under § 602.3
Unsafe-structure remedy
Posting as public nuisance under IPMC § 109.1
First-offense fine
Infraction up to $100 (City Code § 1.7)

Summary

In the City of Gilroy, amended IPMC section 602.2 requires every dwelling's heating system to hold habitable rooms, bathrooms and toilet rooms at 68 degrees Fahrenheit, and bars fireplaces, cooking appliances or portable heaters from being counted toward that duty. IPMC section 109.1 lets the code official post any unsafe or occupancy-unfit structure as a public nuisance and order it repaired, rehabilitated, demolished or removed.

109.1 Unsafe conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code. ... 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances, fireplaces and portable heaters shall not be used as a means to achieve compliance with this section.

Full Breakdown

Gilroy folds statewide habitability rules into its own Property Maintenance Code amendments at City Code section 6.7(i). Amendment (44) rewrites IPMC section 602.2, Residential occupancies, to require that dwellings carry heating facilities able to hold 68 degrees Fahrenheit in every habitable room, bathroom and toilet room; amendment (45) then deletes the code's seasonal exception, so the heating duty is not limited to a defined heating period. A landlord cannot point to a fireplace, a cooking appliance or a portable space heater as satisfying this requirement: section 602.2 says none of those can be used as the means of compliance.

The amendments also rewrite section 602.3's winter design-temperature exception to fix the outdoor design figure at 32 degrees Fahrenheit for the locality, and delete a second listed exception outright. Habitability enforcement runs through the unsafe-conditions process in IPMC section 109.1, amended by item (8): when the code official finds a structure unsafe or unfit for human occupancy, it must be posted and declared a public nuisance, with the violation abated by repair, rehabilitation, demolition or removal. Related amendments reinforce livability: section 304.15 requires that locks at every dwelling and sleeping unit entrance tightly secure the door, section 304.7 requires roofs and flashing to stay sound and watertight, and section 305.1 requires the interior, including cabinets, counters and hardware, to stay in good, sanitary repair.

Together these sections give a Gilroy tenant a concrete, numeric heating floor and a nuisance-abatement path against an owner who lets a rental fall into disrepair.

Violations & Fines

A habitability violation under the adopted Property Maintenance Code is enforced under City Code section 1.7's general penalty ladder: infractions fined up to $100, $200 and $500 for a first, second and third offense within a year, escalating to a misdemeanor, up to a $1,000 fine, six months in county jail, or both, for a fourth violation or after three prior convictions. The code official can also post the unit and declare it a public nuisance under section 109.1.

Frequently Asked Questions

What is the minimum heat a Gilroy landlord must provide?
IPMC section 602.2, as adopted by Gilroy, requires heating facilities capable of maintaining 68 degrees Fahrenheit in every habitable room, bathroom and toilet room of a dwelling. A landlord cannot rely on a fireplace, a cooking appliance or a portable heater to meet that duty; the unit needs a fixed heating system built to hold that temperature.
Does the 68-degree heat requirement only apply in winter?
No. Gilroy's amendment (45) deletes IPMC section 602.2's seasonal exception, so the 68 degree standard applies year-round rather than only during a defined heating period, and section 602.3's winter design temperature is fixed at 32 degrees Fahrenheit for the locality.
What can a tenant do if a rental unit is unsafe?
Under IPMC section 109.1 as adopted by Gilroy, the code official can find a structure unsafe or unfit for human occupancy, post it, declare it a public nuisance, and order the owner to repair, rehabilitate, demolish or remove the condition. Reports go to Gilroy Community Development's code enforcement division.
What happens to a landlord who ignores a habitability notice?
City Code section 1.7 escalates penalties for uncorrected Property Maintenance Code violations: up to $100 for a first infraction, $200 for a second, $500 for a third, then a misdemeanor with up to a $1,000 fine or six months in jail for a fourth violation or after three prior convictions.

Sources & Official References

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