'It's going to get colder': No heat for weeks at Embrey Apartments
OKLAHOMA CITY (KFOR) – With temperatures expected to begin dropping drastically, the residents at the Embrey Apartments in southwest OKC tell KFOR they’ve been without heat for weeks, due to a gas leak.
In interviews Thursday with the station they said they have no idea when they’ll get it back.
“The gas has been turned off since the 2nd of November and we can’t find out why,” said Donald, a longtime resident.
“It’s cold, it’s going to get colder. We could freeze and nobody cares, seems like,” he added.
After weeks with no heat, Scott Parker, the property owner, sent a letter to the residents of the small apartment community saying the gas had been shut off until repairs were completed at the property:
“I don’t have no space heaters, I don’t have nothing but an electric blanket…and then to have to take a cold shower, I’m almost 80 [years old],” added Andrew, who said he’s lived at the affordable living complex for about two years.
But, at the nearly all bills paid complex, rent is due – most, if not all, residents are on fixed incomes or they’re seniors.
Andrew said the $50/month discount the complex offered through April is not enough.
“For the pain and suffering we went through last month…it’s really bad when you pay the rent and you don’t have all the services…[it’s like] you’re stealing from me,” he said.
Kelli Grabow owns the Home Care C-Pap Shop behind the apartment building, at 4401 S. Walker.
After befriending Andrew and hearing about the problems with the gas, she stepped in to help.
“I called ONG and they confirmed – yes – it had been off, people had called several times, they were waiting on the owner to take care of things,” she said in an interview with KFOR.
“He came in today and we were like – let’s maybe do something else, so we called you guys [KFOR].”
In an early statement to the station, Embrey Apartments said they were working to get the problem resolved:
One of our tenants contacted ONG about a leak. ONG verified there was a leak and disconnected the meter. Unfortunately this could have and should have been handled without shutting off the gas, but now we have to meet ONG’s pressure requirements before we can turn the gas back on. We believe we have narrowed the leak down to the underground line. We have been working to track down the leak this entire time. We have given the tenants a discount on future rent, and I will be providing them with electric heaters. This was avoidable and it is unfortunate that the gas was shut off. All of our focus is on getting the gas service back on as soon as possible. We understand our tenant’s frustration and we share their frustration. We will get the problem resolved.
Embrey Apartments
In a series of follow up messages to the station via text, the property owner reiterated that the issue was out of their control:
Reporter: Can you clarify what you mean by avoidable? What would the preferred course of action have been? Not to contact ONG?
Embrey Apartments: As soon as possible. We are consistently working to find the leak. Once found and repaired and we can pass the pressure test, we will have the gas back on. The discount was simply spread over four months so that I did not take a large Financial hit all at once (by offering a greater one time discount) on top of the expense to make the repairs. My preferred course of action would have been to make the repairs while the gas was still on so that my tenants are not without heat.
Reporter: I'm asking for clarity because you keep saying this was all preventable, but I'm not sure what you mean, and you have not indicated what you mean by that. Please clarify.
Embrey Apartments: The vast majority of gas leaks are handled without the gas being shut off to the building. This should have been no different. I have answered your questions. Interview is over.
For the residents of the Embrey Apartments, the freezing temperatures rolling in are more than unfortunate.
"I need a place that can be warm. I don't have no problems paying my rent [but] I'm not going to pay my rent in the cold," said Andrew.
"I just want the gas turned on or tell us why it can't be turned on," added Donald.
Oklahoma Natural Gas says safety is their top priority, and they respond to every report of a potential gas leak:
At Oklahoma Natural Gas, safety is our top priority. While we cannot share information about a specific customer, our crews respond promptly to every report of a potential gas leak. If we find an issue with a customer’s piping or equipment, we inform the customer that repairs must be made before their service can be restored. In some cases, a city inspection is required before permanent service can safely be restored.
We encourage all of our customers to make safety their priority. To report a natural gas odor or emergency, leave the area immediately and then call 911 and 800-458-4251.
Oklahoma Natural Gas (ONG)
According to attorney Ryan Owens, The Bethany Law Center, LLP, tenants should always deal with their landlord or leasing agent in writing in order to create a record of communication that protects the tenant.
"Oklahoma is one of a few states that does not specifically prohibit landlord retaliation though there are protections in place under the Federal Fair Housing Act, which prohibit discrimination in housing based on certain protected categories," he said in an email to the station on Thursday.
"Just because there is not a specific statute prohibiting retaliation does not mean a landlord can run roughshod over a tenant," he added.
Owens said, generally speaking, in a situation where the tenant suffers a loss of an essential service, like water, heat, gas or air conditioning, due to their landlord’s willful or negligent conduct, the tenant, upon giving written notice to the landlord specifying the problem, has four options:
1. Upon written notice, immediately terminate the rental agreement; or
2. Procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or
3. Recover damages based upon the diminution of the fair rental value of the dwelling unit; or
4. Upon written notice, procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.
However, Owens said if a tenant finds themselves in a situation where they are dealing with a landlord refusing to make a repair to their home/apartment/unit and the problem can be corrected for an amount equal to or less than one month’s rent, then the tenant may give the landlord written notice of the tenant’s intention to fix the problem at the landlord’s expense no sooner than 14 days after delivering the written notice to the landlord.