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Judge Orders Relocation for Tenants Amid AC Failures: “No One Wants Anybody to Die”
The Buenas on 32nd apartment complex is embroiled in a legal battle with the Attorney General’s Office over non-functioning air conditioning units.
PHOENIX — Arizona’s highest legal official and the property managers of Buenas on 32nd apartments were back in Superior Court on Friday.
The courtroom tension escalated as state prosecutors and the defense lawyer representing Buenas LLC could not agree on the recorded temperatures in the apartments, a crucial point in the ongoing lawsuit.
“No one wants anybody to get sick, no one wants anybody to die,” stated Judge Frank Moskowitz, highlighting the severity of the situation.
The disparity in temperature readings led Judge Moskowitz to order both parties to perform new measurements inside the problem units. Five units were scrutinized yet yielded conflicting results.
Denise Holliday, defense attorney for the complex, recounted an instance where a resident was covered in a blanket, claiming the temperature was too cold, well below the city-mandated 82 degrees.
Prosecutors contested this claim, asserting their data indicated temperatures exceeded the legal limit. This discrepancy repeated across other inspected units.
“I never imagined yesterday that I would send you out for tests and I would come back with two different results,” Moskowitz expressed his frustration.
The judge mandated another round of tests for Friday. Both teams were instructed to stand for an hour in the center of each room with the air conditioning on, ensuring a comprehensive temperature reading.
“If everyone agrees it doesn’t work or malfunctions, that person gets alternative accommodations at the landlord’s expense,” Moskowitz decreed.
Both sides agreed to this stipulation. Judge Moskowitz also added that residents who refuse to have their systems examined will not be eligible for alternative accommodations.
As of now, the results from the latest tests have not been publicly disclosed.
Stay tuned for further updates as this story develops.