Judge Rejects Tenants' Request for Emergency AC
Residents filed lawsuit after more than three weeks with no AC
By STACY MORROW
Updated 6:31 PM CDT, Thu, Jul 9, 2009
A state district judge ruled against the residents of a Dallas apartment complex who say they have lived without air conditioning for more than three weeks, the Dallas Morning News reported.
On Monday, attorney Manny Alvarez filed a temporary injunction on behalf of the residents hoping a judge would force Barclay Square management to fix their air conditioners. Some of the residents complained that they have suffered health problems from the heat.
Judge Gena Slaughter acknowledged that the tenants had a "serious problem," but said that she believed a city representative should've been present because part of the complaint involved city code.
Alvarez said the judge's comments showed his case had merit, and that he will now try to get the city to enforce the housing code. The code requires landlords to keep units at a maximum of 85 degrees.
Attorney Kenneth Chaiken, who represents the Barclay Square Apartment management, insisted that every tenant has air conditioning.
"If there were moments when the air conditioning was out, it was because repairs were being made," Chaiken said. "Property also went above and beyond and provided several window units to residents."
First Published: Jul 9, 2009 4:38 PM CDT
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