California redefines 'livable' housing: Stoves and fridges mandatory in new leases starting 2026

For decades, California’s definition of a "habitable" rental home included the basics: a roof that didn't leak, plumbing that worked, and heat for the winter. But until last month, there was a glaring omission in the state’s mandatory housing standards: the kitchen appliances.

That changed on January 1, when Assembly Bill 628 officially went into effect, expanding the legal checklist for what constitutes a tenantable dwelling.

Under the new statute, which amends Section 1941.1 of the Civil Code, landlords are now legally required to provide a stove and a refrigerator for all new or renewed tenancies. The law marks a significant shift from previous regulations, where a rental unit could technically pass a habitability inspection even if it was just a bare shell without the means to cook a meal or keep groceries fresh.

A New Standard for "Good Working Order"

The legislation doesn't just require the presence of these appliances; it sets a specific functionality standard.

For any lease entered into, amended, or extended on or after January 1, 2026, a landlord must provide a stove that is "maintained in good working order and capable of safely generating heat for cooking purposes".

Similarly, the law mandates a refrigerator "maintained in good working order and capable of safely storing food".

This language closes a loophole that previously left some tenants reliant on their own appliances or substandard units provided by landlords. By codifying these items as "affirmative standard characteristics" of a dwelling, the state has given tenants powerful new legal leverage: a broken fridge is now treated with the same severity as a broken window or a lack of hot water.

Safety First: The Recall Rule

Perhaps the most aggressive safety update in the new law concerns product recalls. The statute explicitly states that any appliance subject to a recall by a manufacturer or public entity is, by definition, "not capable of safely generating heat" or storing food.

If a landlord receives notice that an appliance in their unit has been recalled, they are now on a strict clock. The law requires them to "repair or replace a stove or refrigerator... within 30 days of receiving notice that the stove or refrigerator is subject to recall". This provision ensures that rental safety standards evolve in real-time alongside consumer safety warnings, rather than leaving tenants to unknowingly use hazardous equipment.

The "Bring Your Own" Clause

While the mandate is strict, lawmakers carved out flexibility for tenants who prefer to use their own appliances.

Under the new rules, a "tenant and landlord may mutually agree when the lease is signed if the tenant chooses to provide and maintain their own refrigerator" .

This "opt-out" comes with significant bureaucratic safeguards to prevent landlords from shifting the cost of appliances onto unwilling renters. The law explicitly forbids landlords from forcing this arrangement, stating that a "landlord shall not condition a tenancy upon the tenant providing their own refrigerator" .

Furthermore, the decision is reversible. If a tenant initially supplies their own fridge but later decides it is too burdensome, they can "inform the landlord that they no longer wish to keep their own refrigerator in the unit" . Once that written notice is given, the landlord has exactly 30 days to install a compliant refrigerator in the unit .

Exceptions to the Rule

The expanded habitability standards are designed for standard rental units and do not apply to all housing categories. The legislation includes specific exemptions for transitional and supportive housing environments where providing individual appliances would be impractical.

According to the bill, the new stove and refrigerator requirements "shall not apply" to:

• Permanent supportive housing .
• Single-room occupancy (SRO) units .
• Residential hotels .
• Assisted living facilities or any housing that offers "shared or communal kitchen spaces to its residents" .

Retaining Tenant Power

Finally, AB 628 reinforces that these new obligations are an addition to, not a replacement for, existing tenant protections. The text clarifies that the new rules do not "prohibit a tenant from exercising any remedy authorized under Section 1942" .

This means that if a landlord fails to provide a working stove or refrigerator—or ignores a recall notice—tenants retain their right to "repair and deduct" the cost from their rent or, in severe cases, vacate the premises entirely. As of January 1, a kitchen without a working stove is no longer just an inconvenience in the eyes of California law; it is an untenantable dwelling.