An Open Letter From The Tenants To The Owners Of The Acacia Apartments
An open letter to the management, tenants, interested parties, and owners of the Acacia Apartment Complex address 429 east 14th ave. Denver, Colorado, 80203. Aka Acacia Investments LLC. http://acaciaapts.org/
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To whom it may concern,
The blast that occurred on the basement level of the Acacia apartment at on November 3rd at approximately 3pm (the cause of which is still under investigation at the time of this letter) resulted not only in fire and structural damage to basement apartments, but also resulted in the evacuation of the building, and a complete cessation of the following utilizes to all apartments on site.
-Gas (cooking, all stoves and ovens are unusable)
-Heat (temperature lows have reached 27 degrees F since the loss of heat) Source: http://www.accuweather.com/en/us/denver-co/80203/november-weather/347810
-Hot Water
The owners and affiliate staff of the Acacia have not offered any assistance whatsoever to tenants whose utilities have been affected. While temperatures have fallen below freezing space heaters or extra blankets have not been offered or made available.
When asked by a tenant if "The Acacia" would offer a reduced or prorated rent for the days without heat, gas, and hot water the official response received was as follows:
"Hi (removed for privacy),
The owner is not planning on giving discounts on rent for this month. Acacia will not pay for hotels either. If you wish to file a claim with your renters insurance, that is your prerogative. We will be happy to cooperate with your insurance company with any details they require. You can give them my contact information.
Thank you,
George( removed for privacy)
Acacia Maintenance"
We the tenants (signed below) wish to make everyone reading this letter aware of Colorado's HOUSE BILL 08-1356; which deems a residence to be unfit for Human habitation under the following conditions;
38-12-505. Uninhabitable residential premises. (1) A residential premises is deemed uninhabitable if it substantially lacks any of the following characteristics:
(a) Waterproofing and weather protection of roof and exterior walls maintained in good working order, including unbroken windows and doors;
(b) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that are maintained in good working order;
(c) Running water and reasonable amounts of hot water at all times furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;
(d) Functioning heating facilities that conformed to applicable law at the time of installation and that are maintained in good working order;
(e) Electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order;
(f) Common areas and areas under the control of the landlord that are kept reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents or vermin;
(g) Appropriate extermination in response to the infestation of rodents or vermin throughout a residential premises;
(h) An adequate number of appropriate exterior receptacles for garbage and rubbish, in good repair;
(i) Floors, stairways, and railings maintained in good repair;
(j) Locks on all exterior doors and locks or security devices on windows designed to be opened that are maintained in good working order; or
(k) Compliance with all applicable building, housing, and health codes, which, if violated, would constitute a condition that is dangerous or hazardous to a tenant's life, health, or safety.
(2) No deficiency in the common area shall render a residential premises uninhabitable as set forth in subsection (1) of this section, unless it materially and substantially limits the tenant's use of his or her dwelling unit.
(3) Unless otherwise stated in section 38-12-506, prior to being leased to a tenant, a residential premises must comply with the requirements set forth in section 38-12-503 (1), (2) (a), and (2) (b).
Source (http://tornado.state.co.us/gov_dir/leg_dir/olls/sl2008a/sl_387.htm ) (Highlighting for emphasis)
As the property fails to meet the requirements set forth in points, but not limited to, (A), (B), (C), (D) and as a result of the listed points combined with inclement weather (K). We personally believe the building to be unfit for human habitation in its current state and wish to make the following statement.
OUR STATEMENT
We believe the Acacia Investment Group (aka the Property Owners) and operators owe the residents listed below and all residents affected by the explosion on November 3rd 2015 with loss of utilities the following;
- Complete access to the Fire and Police Departments Official Report on the events of November 3rd, 2015 at 429 E.14th Denver. Including determined cause and potential remaining health threats, if any. (asbestos, lead paint, C02, etc)
- Reduction in rent proportionate to the affected apartment's usual monthly rate of 23.3% and a reduction of monthly utilities of 23.3% for the upcoming month of December 2015. This can take the form of reduced rent or rebates to the affected tenants.
- An apology from the Owners and Operators of the Acacia for the lack of a reasonable response to its tenants basic needs
While we believe the above information to be factual and accurate, we currently make NO LEGAL CLAIMS against the Acacia Investment Group LLC. Its properties, staff, owners, or affiliates. The statement above and all attached information is merely the personal opinion (and is not intended to cause undue stress or financial repercussions on any person or group) of the below signed residents who seek an amicable settlement to the above issue so that all parties can move on from the destructive events of November 3rd 2015.
Signed,
Tenants of the Acacia Apartment Building
