Apartment Complex Tenants Want to Keep Air Conditioning Units

A typical AC unit at the Midtown Gardens complex.

A typical AC unit at the Midtown Gardens complex.

Tenants at the Midtown Gardens Apartment Complex in Burlington could spend the rest of the summer in sweltering conditions if the Burlington Housing Board of Appeals does not grant them more time to take down improperly installed air conditioning units that are currently in violation of Housing Code.

Midtown Gardens does not have central air conditioning, and the windows installed in the 60-unit complex are horizontally, not vertically sliding. In order to install window air conditioning units, which are purchased by the renter, a plywood board, provided by the company, is used to keep the unit in place.

However, the plywood board does not allow the window to be opened in case of an emergency, such as a fire, presenting an egress issue that violates Burlington Housing Code for rental properties. According to residents, Seldin Company, which owns Midtown Gardens, used to install the boards and air conditioning units themselves until being notified in January of the code violation. Once notified, residents have been required to install the boards themselves.

Earlier this month, however, a note was left on resident’s doors that they had to remove the window AC unites by no later than August 5th after the complex once again was notified by the city that the boards presented an egress issue.

Maria Martinez lives at Midtown Gardens, she says not having air conditioning in the dead-heat of summer is simply not reasonable.

“There’s a lot of kids who live here who have asthma and breathing problems,” Martinez told KBUR, “As for me, I’m really not supposed to be in the heat…I have two dogs, both inside dogs. It gets very hot.”

LJ Price is another tenant. He says that not having an Air Conditioner puts his 18 month old daughter and pregnant fiance in danger.

“It’s like living in a pizza oven if you do not have an air conditioner upstairs,” Price said, “I’m not a doctor, but I don’t believe that it’s good for her health to be in 90+ degree temperatures while she is trying to sleep or trying to live.”

Some residents say that they will refuse to comply with the order to take down the units until the heat of summer has passed.

Seldin Company has appealed the city’s order to take down the units. They’re scheduled for a hearing on August 12th at 5:30pm at Burlington City Hall.

On Friday, property manager Michala Cross informed tenants that they would be allowed to keep their AC’s installed through the appeals process.