Gables Vista water issues raise concerns among Denver residents

Most Gables Vista residents have returned to their Denver apartments, but some remain displaced. The Cherry Creek Apartment Complex residents were without hot water for five days after a pipe repair failed twice. The incident also flooded the fourth floor and damaged many apartments.

Cold running water was restored on Monday, followed by hot water on Tuesday last week, but some residents still feel uneasy.

"For me, it's been stressful and I worry for the future," one resident said. She spoke with CBS News Colorado about her concerns but requested that her face and name be concealed out of fear of retaliation. "What will happen next month or the month after?"

"I have strong concerns about the safety inside and outside the building and how proactive management is," the woman said.

Emails from Gables Vista indicate that they offered reimbursements to residents who stayed in hotels, rent abatement to those who did not, and a $79 per diem credit for four days to cover food and water costs.

"I was happy but I wish they would have done it sooner. I mean by that time it was Saturday and we'd been without water since Thursday," the woman said.

She stayed in a hotel for three nights before returning home Tuesday. Now, she worries about lingering health impacts.

"I have concerns right now about air quality. Air quality testing. Will we get that here? I'm also concerned about the possibility of mold growth," the woman said.

As crews work to remove drywall on the fourth floor, it's unclear if any of those residents have been able to return.

According to numerous residents, the failed pipe repair is not the first issue the apartment has faced.

"It's been a stressful summer. We had a carbon monoxide leak, we had a gas leak that left us without hot water for two days, and a drive-by shooting where shots were fired into the lobby in June. Now this failed pipe repair," the woman said.

She says the frequent problems have led some residents to try to move out, while others worry that apartment management is not communicating effectively.

"What should we do? We're feeling like we're not being heard. We're not as powerful as a corporate landlord," the woman said.

"Any tenant that does have a concern about the health and safety of their rental should know they have rights," said Colorado Housing Connects Program Director Patrick Noonan.

Colorado Housing Connects is a hotline and resource for renters. Noonan says tenants are protected under a state statute called the "Warranty of Habitability."

"It provides general protections for tenants, meaning the landlord has to provide a home that's safe and livable for a tenant," Noonan added.

One of the basic standards landlords must meet under the statute is "running water and working plumbing at all times," with temporary exceptions to perform mandatory repairs.

Noonan emphasized the importance of tenants communicating with their landlord about concerns, acting quickly when there is a health issue, and seeking resources to understand their rights.

"If a tenant has tried to resolve it themselves and it hasn't gone anywhere, it's time to reach out for legal help," he said.

Now this resident is doing just that, talking to an attorney to understand her options.

"It's not convenient to move, but I would like to understand my rights and if there's a way that I could leave and go somewhere else and get out of this lease," the woman said.

She also expressed concerns over recent changes to her 87-page lease, which she believes include protections against liability for the apartment and eliminate her lease break option.

Gables Vista apartment management declined to comment for a previous CBS Colorado story and did not respond to a request for comment on this story over the weekend.

After receiving several resident complaints, the Denver Department of Public Health & Environment issued a notice of violation to Gables Vista. They shared the following statement about the situation:

"It is always a concern to us when residents report unsafe or unsanitary living conditions, especially when they don't have access to necessary utilities like water or heat. In the case of Gables Vista Apartments located at 375 S. Jackson St. we received six complaints about the issues occurring there. Our investigators were unable to connect with any of the complainants or access the affected units until Monday, September 23. On that day, our investigators were able to conduct a site visit and identified evidence of a substantial leak on the 4th floor. They also found that the hot water had not been restored at that point, however cold running water had been restored.

We issued a Notice of Violation and orders to restore the hot water and initiate repairs to the interior ceilings and walls. On Tuesday, September 24 we received supporting documentation that the hot water had been restored. As of [September 27], the interior repairs from the lead are the only outstanding violations and they have 30 days from September 23 to come into compliance."

The bottom line, with this property and any other we inspect, is that violations are corrected in a timely manner for the safety and health of people staying there"

Tenants can learn more about Colorado's Warranty of Habitability protections here and can reach out to Colorado Housing Connects by calling 1-844-926-6632 or visiting their website.