Arizona Attorney General Kris Mayes has demanded that a Phoenix apartment company fix broken air conditioning units, leaving tenants to endure the summer heat indoors.
In a letter, the Arizona Attorney General’s Office (AGO) accuses Buenas Communities LLC of not providing proper air conditioning for residents at the Buenas on 32nd apartment complex, also known as Buenas on Indian School.
The AGO’s letter references an Arizona Family report stating that 400 units lack air conditioning.
“The extreme heat poses a serious health risk, and it’s unacceptable for tenants to be without proper air conditioning,” Mayes said in a press release. “Buenas Communities LLC must take immediate action to ensure residents have safe and habitable living conditions in accordance with the law.”
Mayes insists the repairs be completed by Friday and that written confirmation be sent to the AGO by 5 p.m. on Monday, July 29.
“Every Arizona resident should feel safe and comfortable in their home – regardless of their income bracket,” Mayes said in the press release.
Phoenicians are experiencing record-setting summer heat this year, and experts expect it to be the city’s hottest summer in history. Maricopa County reports 27 heat-related deaths in the past year, with two occurring indoors without air conditioning.
Laws Buenas Communities Are Accused of Breaking
The cease and desist letter accuses the apartment complex of violating the Arizona Landlord Tenant Act by not providing adequate air conditioning. This act protects tenants when landlords fail to provide essential services like heat, air conditioning, cooling, water, and hot water.
The letter also notes that the complex does not inform potential residents about the lack of air conditioning on its website. Available units are promoted as having functional utilities, including air conditioning.
This could violate the Arizona Consumer Fraud Act for false representation and omissions. If found in violation, Buenas Communities could face a civil penalty of $10,000 per violation, disgorgement of profits, and be required to pay restitution to consumers.
Additionally, the AGO accuses the company of violating the Phoenix City Code and not disclosing any violations on its website.