PHOENIX – Today, Arizona Attorney Kris Mayes announced that the Arizona Attorney General’s Office has issued a demand letter to The Elton Apartment Homes and Diamond Asset Management, LLC requiring immediate action to address the lack of proper air conditioning at their apartment complex in Phoenix.
“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. "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."
This action follows consumer statements and an investigation by the Attorney General's office that found:
- The air conditioning system began to malfunction as early as July 5, 2025;
- By July 10, 2025, almost all units at The Elton lacked functional air conditioning;
- Although some tenants were provided portable air conditioning units, not all residents were. Moreover, these portable fans may be incapable of appropriately cooling the units. The temperatures inside two units with portables were 87 degrees Fahrenheit and 83 degrees;
- At least one pregnant tenant was admitted to the hospital over the weekend due to the heat. The temperature inside her apartment at the time was 97 degrees Fahrenheit;
- One 66-year-old man passed away this week. He was not provided with a portable fan while his air conditioning was out;
- The Complex finally sent out a letter offering accommodations to residents on July 16, 2025.
The cease-and-desist letter details potential violations of the Arizona Landlord Tenant Act, Phoenix City Code, and the Arizona Consumer Fraud Act. The Attorney General's Office expects Elton Apartments to repair the air conditioning system for all affected units by 5:00 p.m. on Friday, July 18, 2025 and provide written confirmation of compliance of the same to the Attorney General’s office.
“My message is this—please, please call my office or visit our website and file a complaint with us if this is happening to you at any apartment complex across the valley or anywhere in Arizona,” said Attorney General Mayes. “I take this issue very seriously. We will continue to take action, if necessary, if they don’t come into compliance ASAP.”
Arizona landlords have an obligation to fix a broken AC within five days of written notice if temperatures rise to a level that presents a health and safety risk. This timeframe may be shorter if the temperature inside the unit is higher than what is allowed by individual city code.
If your landlord continues to fail to repair the broken AC, you may file a Consumer Complaint with the Arizona Attorney General’s Office. If you need a complaint form sent to you, you can contact the Attorney General’s Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352-8431.
The Attorney General’s Office will continue to investigate the matter and is prepared to take further legal action if necessary to protect the rights and well-being of Arizona residents.
A copy of the cease-and-desist is available here.