INDIANAPOLIS -- As the temperatures climb, the Marion County Public Health Department is fielding more complaints about landlords not fixing broken air conditioners.
"We're just now starting to see an increase in the last two weeks with some more calls coming in," said Lara Morgan, team leader for housing and neighborhood for the Marion County Public Health Department.
The health department has issued two orders for no air conditioning — one on May 17 to a rental home on Victoria Road, and one on May 20 to an apartment complex on Declaration Drive:
- Landlord Yung Sze Choi did not remember receiving a letter about Victoria Road, however the tenants told Call 6 Investigates their air conditioning was fixed on Friday.
- Capital Place Apartments did not respond to Call 6 Investigates’ requests for comment on the order for Declaration Drive
The health department typically gives landlords 30 days to fix air conditioning problems. Violators can face a fine of up to $2,500.
“There are circumstances that would escalate that to an emergency, like if there’s no screens to ventilate, or if there's a documented medical condition, that could escalate it as well," said Morgan.
The Marion County Public Health Department also takes into account the heat index when giving a timeframe to fix a broken air conditioner.
Morgan said if the tenants are elderly or have small children, that could also be considered an emergency situation.
Tyler Cox contacted Call 6 Investigates after his Nora apartment complex failed to fix his broken air conditioner after a week.
His daughter Kylee, 3, is staying with him for the summer.
He snapped a picture of his thermostat reaching the mid-80’s inside his home around dinner time Wednesday evening.
“I’m worried about (Kylee),” said Cox. “I can tell by the look on her face that she’s pretty hot and miserable.”
Call 6 Investigates stopped by the management office for Lakeside Pointe at Nora, and a leasing consultant said they had ordered Cox a new A/C unit.
Cox said the apartment complex did replace his air conditioner at around 4 pm Thursday afternoon.
As a renter, you have theright to repairs within a reasonable time frame
Indiana code does not designate a particular time frame for maintenance issues, however, it often depends on whether it’s an emergency or not.
Attorney Beth Cox, who represents both landlords and tenants, said if the air conditioning was there when you moved in, it’s reasonable to allow your landlord a week or two to get it fixed.
“The point is to judge whether there is progress towards fixing it,” said Cox. “If the landlord has acknowledged the complaint, and is taking steps to fix it, I would allow that to play out for a couple of weeks. Especially in the spring/early summer when companies are busy and it takes longer to get someone out. “
If you did not have an air conditioner when you moved in, you can’t expect your landlord to quickly install one after you’ve signed a lease.
RESOURCES FOR RENTERS:
Marion County Public Health Department (317) 221 - 2150
Neighborhood Christian Legal Center(317) 415-4337
HUD Renters' Rights
Tenant Landlord Coalition (317) 322-2369
Indiana Apartment Association
Fact sheet from Civil Rights Commission
Tips from Better Business Bureau
