PHOENIX — The battle between Arizona's top attorney and a Valley apartment complex continued Friday.
State prosecutors and the attorney representing Buenas on 32nd apartments and its parent company Buenas LLC were in front of a Superior court judge once again about the ongoing issues of tenants not having fully functioning air conditioning.
"No one wants anybody to get sick, no one wants anybody to die,” said Judge Frank Moskowitz.
It was a tense courtroom between prosecutors, the defense and the judge because both sides couldn't agree on the issue at hand: How hot these apartments actually are.
Judge Moskowitz ordered the attorneys to go to the apartment units and test the temperature inside. Five units were tested. However, a problem arose as both sides got different readings.
Denise Holliday, who represents the apartment complex, said for one of the units, the resident who lives there was fully clothed and wearing a blanket inside because the temperature was well below the 82 degrees that is required by Phoenix City Code.
“Her own words are, 'It’s too cold in here,'” Holliday told the judge.
Prosecutors disagreed, claiming their readings revealed that the same apartment in the complex was above the 82-degree requirement. These claims went on for other units that were also tested.
“I never imagined yesterday that I would send you out for tests and I would come back with two different results,” the judge said.
Moskowitz then made the decision to have both sides go back to the complex on Friday and retest the units. This time, the judge required them to stand in the middle of the room and measure the temperature for an hour with the air conditioning unit on.
“And [if] everyone agrees it doesn’t work or malfunctions or causes problems that person gets alternative accommodations at the landlord's expense,” Moskowitz said.
The defense and prosecution agreed. The judge also ordered that if any resident refuses to have their system examined, they do not get alternative accommodations.
The results from Friday's latest tests have not been released at this time.
12News will continue to follow this story and bring you the latest information.
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