Arizona Attorney General Orders Phoenix Apartment Complex to Fix Air Conditioning Units

PHOENIX – Arizona Attorney General Kris Mayes has sent a letter to a Phoenix apartment company demanding that they repair broken air conditioning units that are forcing 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” to residents of the Buenas on 32nd apartment complex, also known as Buenas on Indian School.

The AGO’s letter references a report by Arizona Family describing 400 homes affected by the lack of air conditioning.

“The extreme heat poses a serious health risk and it is unacceptable that tenants do not have adequate air conditioning,” Mayes said in a press release. “Buenas Communities LLC must take immediate action to ensure that residents have safe and habitable living conditions in accordance with the law.”

Mayes requires that the repairs be completed by Friday and that written confirmation of compliance be submitted to the AGO by 5:00 p.m. Monday, July 29.

“Every Arizonan should feel safe and comfortable in his or her home, regardless of income,” Mayes said in the release.

Phoenicians are experiencing record-breaking summer heat this year, with some experts expecting the city’s hottest summer on record. Maricopa County reports 27 heat-related deaths this past year. The AGO letter says two deaths were attributed to people staying indoors without air conditioning.

What laws are Buenas Communities violating?

The cease and desist letter accuses the apartment complex of violating the Arizona Landlord Tenant Act by failing to provide adequate air conditioning. One aspect of the law provides protections for tenants in the event a landlord fails to provide “heating, air conditioning, refrigeration, water, hot water or essential services.”

The cease and desist letter states that the complex fails to inform potential residents about the lack of air conditioning on its website. It also advertises available units as having functional amenities, including air conditioning. For this, the company accuses the company of potentially violating the Arizona Consumer Fraud Act due to misrepresentation and omissions. If the company violates the law, Buenas Communities could face a civil penalty of $10,000 per violation, have its profits reclaimed, and pay restitution to consumers.

Additionally, the AGO accuses the company of violating the Phoenix City Code and failing to disclose any violations on its website.