Popville iconPopvilleSep 2, 2026 ~5 min source read

OAG sues owner and manager of Delta Pearl after tenants face months without AC, elevators, and basic safety

The Office of the Attorney General alleges widespread, dangerous code violations at 1400 Florida Ave NE (Delta Pearl), a 10-story, 166-unit building with many affordable units. Tenants have lacked air conditioning and working elevators since early July, and inspections found nearly 200 unabated violations.

“Tenants at this 10-story building have been without air conditioning and working elevators since early July and face shocking, dangerous housing conditions.” OAG files lawsuit

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OAG filed suit against the building owner (Delta 2 Owner LLC) and manager (DP Management LLC/Faria Management) seeking immediate safety repairs and court orders.

Delta Pearl has had no building-wide air conditioning since July 1, 2026, and both elevators have been out of service since July 2026.

Inspections by the Department of Buildings documented nearly 200 unabated violations, including unsanitary stairwells with human waste, broken security systems, trash accumulation, and pest infestations.

# What happened

General (OAG) sued the owner and manager of Delta Pearl, the 10-story apartment building at 1400 Florida Ave NE, after an OAG investigation and Department of Buildings (DOB) inspections found widespread, dangerous housing code violations. The allegations cover multiple, ongoing failures that OAG says are actively endangering tenants.

# Who owns and manages the building

# Conditions alleged in the lawsuit

According to the OAG and DOB findings, tenants have been living with multiple severe problems for more than a year, including:

  • No building-wide air conditioning since July 1, 2026. Tenants have had no way to cool their homes during extreme summer heat, and the owner has not attempted repairs.
  • Nonworking elevators. The building's two elevators have been frequently unreliable since at least December 2025 and were both entirely out of service starting in July 2026. Tenants with mobility issues and parents with children were forced to use stairs.
  • Unsanitary and unsafe stairwells. With elevators out, stairwells showed garbage, feces, urine, and debris on inspection.
  • Broken security systems and doors. The exterior gate was inoperable since at least August 2025. Key fob access failed in February 2026 and has not been fixed. Internal stairwell doors lacked locks.
  • Unauthorized occupants and unsecured vacant units. Non-tenants were found sleeping in common areas and occupying empty apartments, and management is accused of failing to remove them.
  • Trash build-up and pest infestations. Trash chutes and rooms were allowed to back up, resulting in rodents and roaches. One tenant reported trash reaching up to the seventh floor.

DOB inspections identified nearly 200 unabated violations at the property.

# Official responses cited

# What the lawsuit seeks

Binitie and his companies to make necessary repairs immediately and to hold them accountable for the building's dangerous conditions. The OAG and DOB are asking the court for injunctive relief to protect tenant safety while repairs are completed.

# Why this matters locally

Delta Pearl includes a large share of affordable units in Ward 5. The combination of broken essential systems (AC and elevators), security failures, unsanitary common areas, and pest infestations creates acute health and safety risks—especially for older adults, people with disabilities, and families. The case raises questions about enforcement and oversight of properties that receive public financing and tax credits.

# What tenants are left with now

Tenants continue to live without building AC and elevators while the legal process moves forward. The OAG and DOB documented the conditions and are seeking court intervention to require immediate repairs and safer living conditions.

More context around this story.

Down elevator, A/C issues trouble IHA residents
Fox59 iconFox59Sep 9, 2026

Down elevator, A/C issues trouble IHA residents

INDIANAPOLIS — No A/C, elevator issues and safety concerns are just a few problems residents at Barton Tower and Barton Annex are experiencing. Problems they've had in the past and are calling on IHA for help. "Please, we're dying over here," said Cinderella Simpkins. Simpkins said she got stuck on her elevator at Bart

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