PHOENIX — Arizona Attorney General Kris Mayes issued a demand letter to an apartment complex and management company on Friday requiring immediate action to address the lack of proper air conditioning at the Phoenix complex.
The letter was issued to The Elton Apartments, located near N. 24th and E. Harvard streets, and Diamond Asset Management LLC.
“I’m appalled at the conditions these tenants were forced to experience, especially during the summer heat. It is unacceptable,” Mayes said in a press release. “Diamond Asset Management and Elton Apartment Homes must take immediate action to ensure their residents have safe and habitable living conditions, including air conditioning, as they are guaranteed under the law. My office is reviewing what took place here, including the death and hospitalization of residents. The failure to provide adequate A/C is gravely dangerous.”
Why did the attorney general issue a demand letter to the complex?
The letter was sent following consumer statements and an investigation by the attorney general’s office that found:
- The air conditioning system started to malfunction around July 5
- By July 10 almost all of The Elton’s units didn’t have functioning air conditioning
- Only some tenants were given portable air conditioning units and the portable units were unable to properly cool the units with one being 87 degrees and another being 83 degrees
- A pregnant tenant was admitted to the hospital over the weekend and the temperature in her apartment was 97 degrees at the time
- A 66-year-old man passed away this week and was not provided with a portable fan while his air conditioning was out
- The complex finally sent out a letter offering accommodations to residents on Wednesday.
The cease-and-desist letter detailed potential violations of the Arizona Landlord Tenant Act, Phoenix City Code and the Arizona Consumer Fraud Act.
The Attorney General’s Office expected the apartment complex to fix the air conditioning system for all affected units by 5 p.m. on Friday and provide the office with written confirmation of the compliance.
According to the attorney general’s office, Arizona landlords are obligated to fix a broken A/C within five days of a written notice if temperatures are high enough to present a health and safety risk. The timeframe may be shorter if the temperature within the unit is higher than city code allows.
The attorney general’s office reminded consumers that if their landlord continues to fail to repair their broken A/C, they can receive a complaint form by contacting the office in Phoenix at 602-542-5793, in Tucson at 520-628-6648 or for areas outside Phoenix and Tucson metro areas at 800-352-8431.
“My message is this — please, please call my office or visit our website and file a complaint with us if this is happening to you at any apartment complex across the Valley or anywhere in Arizona,” Mayes said. “I take this issue very seriously. We will continue to take action, if necessary, if they don’t come into compliance ASAP.”
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