Arizona AG demands Phoenix apartment complex repairs broken A/C units by Friday

PHOENIX – Arizona Attorney General Kris Mayes has sent a letter to a Phoenix apartment company, demanding they repair broken air conditioning units that are leaving tenants to endure the summer heat indoors.

In the letter, the Arizona Attorney General’s Office (AGO) accuses Buenas Communities LLC, of failing to provide “proper air conditioning” for residents at the Buenas on 32nd apartment complex, also known as Buenas on Indian School.

The AGO’s letter highlights an Arizona Family report that describes 400 units affected by the lack of 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 is insisting that the repairs be completed by Friday and a written confirmation of compliance be delivered 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 some experts expect it to be the city’s hottest summer in history. Maricopa County reports that there have been 27 heat related deaths in the past year. The AGO letter says two deaths came from people indoors and without air conditioning.

What laws are Buenas Communities accused of breaking?

The cease and desist letter accuses the apartment complex of violating the Arizona Landlord Tenant Act for failing to provide adequate air conditioning. An aspect of the act provides protections for tenants in the case of a landlord failing to provide, “heat, air conditioning, cooling, water, hot water or essential services.”

The demand letter notes that the complex does not inform any potential residents of the lack of air conditioning availability on its website. Additionally, available units are promoted as having functional utilities, including air conditioning. For this, accuses the company of potentially violating the Arizona Consumer Fraud Act for false representation and omissions. If found to violate the act, Buenas Communities could face a civil penalty of $10,000 per violation, disgorgement of profits and be responsible to pay restitution to consumers.

In addition, the AGO accuses the company of violating the Phoenix City Code and not disclosing any violations on its website.