Attorneys from the Arizona Attorney General’s Office and Buenas Communities LLC appeared in Maricopa County Superior Court on Friday afternoon to discuss whether the substandard conditions at one of the company's apartment complexes justified relocating tenants to a hotel at the company’s expense until the issues were resolved.
The hearing took place a week after Arizona Attorney General Kris Mayes filed a lawsuit against Buenas Communities LLC for failing to repair a faulty air conditioning system at Buenas on 32nd, an apartment complex located at 32nd Avenue and Indian School Road.
Mayes' office had previously issued a demand letter to the apartment complex, instructing them to resolve the air-conditioning issues affecting multiple units by July 26.
“The extreme heat poses a serious health risk, and it’s unacceptable for tenants to be without proper air conditioning,” Mayes wrote in a news release at the time.
During a reporter's visit to the complex on July 25, a generator and a portable "chiller"—both bearing labels from companies that rent industrial equipment—were observed outside the complex. Large hoses from the chiller were routed through a square hole that had been cut into a locked door.
The action apparently did not satisfy the Attorney General’s office, which filed a lawsuit against the apartment complex on August 2. The lawsuit claims that the complex failed to adequately address the air-conditioning problems and cited numerous other issues, including broken windows, faulty plumbing, and bed bug infestations.
The lawsuit also alleged that residents at the complex who complained were threatened with eviction and retaliation from the complex staff, according to the news release.
Managing the heat:Southwest Phoenix neighborhood suffering without AC since Wednesday
Five units to receive additional temperature readings
During Friday’s hearing, the parties discussed five units in particular that ultimately resulted in a ruling they be tested daily for high temperatures under various conditions.
Denise Holliday, the attorney representing Buenas Communities LLC, frequently presented statements that contradicted the findings of the Attorney General’s office. In one instance, Holliday mentioned having a video of a woman wrapped in a blanket, claiming she was too cold.
Amanda Salvione, an assistant attorney general with the office’s Consumer Protection and Advocacy group, clarified that the woman had wrapped herself in a blanket for modesty, as she wasn’t expecting visitors to measure the temperature in her apartment—not because it was too cold. State investigators recorded temperatures of 82.3 and 82.9 degrees inside the unit.
For another unit, Holliday claimed that it appeared to be vacant due to a lack of furniture. However, Heather Hamel, another attorney from the AG's office, countered this by explaining that the unit was occupied by a tenant who simply couldn’t afford much furniture.
Holliday argued that some tenants had chosen to turn off their window A/C units, and her client had no authority to compel them to use the units or maintain a temperature below 82 degrees if they preferred not to.
However, attorneys from the AG’s office pointed out evidence suggesting that the electrical systems in the units were incapable of supporting multiple window A/C units running simultaneously. Doing so would cause the circuit to short, leading to a complete loss of electricity.
Relocation dilemma
At one point, Judge Frank Moskowitz expressed his dilemma, noting that he wanted to ensure fairness by allowing tenants to be relocated to a hotel if their apartment temperatures exceeded Phoenix code standards, even if their A/C units were functioning.
However, Moskowitz also emphasized his reluctance to issue a blanket order that would displace residents from their homes if they did not want to be relocated.
Toward the end of the approximately one-hour hearing, Judge Moskowitz directed that the temperature in the center of the main room of the five affected units be measured with the wall unit turned off and the central unit running for an hour. If the temperature exceeds 82 degrees, the window unit should be turned on and left to run for another hour to see if the temperature remains above 82 degrees.
If it does, Moskowitz ruled that the tenant of that unit would be provided alternative accommodations at the landlord’s expense until the issue is resolved. However, he noted that tenants who refuse to participate in the temperature tests or who do not activate their window units would not be eligible for these alternative accommodations.
“This ruling is designed to make sure that those that truly need the protections for their health and safety get that as soon as possible,” Moskowitz said. “And also ensures that those that don’t may have another day in court for another remedy, but there’s not one that’s urgently or emergently needed.”
Testing temperature
Moskowitz concluded the hearing by transferring the case to a different judge due to the urgent nature of the matter conflicting with his schedule, which was fully booked with trials on Monday and Tuesday.
In an interview with The Arizona Republic after the hearing, Salvione confirmed that state investigators would measure the temperatures in the affected units on Saturday, Sunday, and likely Monday. This will determine if the units are out of compliance with the code and offer tenants the option to relocate if necessary.
Salvione pointed out that, given the judge’s stipulations to first test the units with the window unit off for an hour and then on, they have a limited amount of time each day to complete the tests.
“However we feel it’s critically important to take the temperature during the hottest parts of the day to get the most accurate read for what these people are actually dealing with,” Salvione said.
She added that the AG’s office has been in touch with many individuals beyond those in the five affected units and would like to conduct temperature checks on all 109 occupied units. She noted that this process would require additional time.
“Some of this is a moving target in the sense that we’re still trying to figure out the best way to manage the process on short notice to ensure that everybody who would need the attention or care that they deserve is getting it,” Salvione said.
A secretary for Holliday’s office took a Republic reporter’s contact information on Friday afternoon but noted that she likely would not receive it until Monday as she was out of the office.
