PHOENIX — Arizona Attorney General Kris Mayes has demanded immediate action after one person died and a second was hospitalized due to a lack of proper air-conditioning at a Phoenix apartment complex.
The apartment complex in question is The Elton Apartment Homes, operated by Diamond Asset Management LLC, near 24th Street and Thomas Road.
The attorney general’s office says the complex experienced an air-conditioning malfunction as early as July 5, and five days later, almost all units lacked functional A/C.
Some residents were reportedly provided portable units, but those with the portable units were only able to cool their units to around 83-87º, according to statements from residents.
One resident who was not provided a portable unit, a 66-year-old man, died this week. A pregnant woman, whose apartment was 97º inside, was hospitalized over the weekend.
The AG says the apartment complex “finally sent out a letter offering accommodations to residents on July 16.”
“I'm appalled at the conditions these tenants were forced to experience, especially during the summer heat. It is unacceptable. 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," said Attorney General Mayes in a press release on Friday. "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."
The AG’s office is giving the complex until Friday at 5 p.m. to repair the A/C system for all impacted units and provide written confirmation.
The investigation is ongoing.
Under Arizona law, landlords are required to ensure that rental units have fully operational cooling systems. In addition to state mandates, specific municipalities, including Phoenix and Tucson, impose additional standards. In those cities, rental units that rely on air conditioning cannot exceed 82° in all habitable rooms, including bathrooms. Units that use evaporative coolers are allowed a slightly higher threshold of 86°.
See our previous Let ABC15 Know coverage about air-conditioning rights and a warning from the AG's office in the video player above.
Tips for renters whose A/C has gone out:
- Notify your landlord immediately. Start with a phone call and then follow up in writing, ideally via certified mail. If you have a medical condition that is exacerbated by extreme heat, include that information in your notice and request necessary accommodations.
- Landlords must fix broken ACs within five days of written notice if temperatures exceed 100 degrees. Fixing the issue may mean providing a new air conditioning unit, calling in a repair team, or other means to bring your indoor temperatures down to legally acceptable limits. If temperatures are below 100 degrees, landlords have ten days, unless city codes specify otherwise.
- If a landlord fails to repair the broken AC, renters may be able to utilize the self-help repair statute. Arizona law allows renters to notify their landlord that they will be fixing an issue themselves and deducting the cost from rent if the landlord failed to fix the AC within the legal timeframe. Renters must meet certain specifications to use the statute.
- If the AC isn't repaired within five to ten days, Arizona tenants may be allowed to terminate their lease or sue for damages.
- It's important to note, even if tenants are behind on rent, a landlord cannot cut off their air conditioning or utilities as a form of punishment.
- If your landlord is not responsive, file a Consumer Complaint with the Arizona Attorney General's Office. You can file online or contact the office by phone.
- Phoenix Office: (602) 542-5763
- Tucson Office: (520) 628-6648
- Outside Metro Areas: (800) 352-8431
