Tenants claim northeast Harris County apt. complex had no smoke detectors during, lawsuit reads

HOUSTON, Texas (KTRK) -- More than a dozen tenants are filing a lawsuit Thursday against their northeast Harris County apartment complex after a destructive fire broke out Sunday morning.

According to the Klein Fire Department, the fire started around 4 a.m. at the Ashford Santa Cruz Apartments on Kuykendahl Road near FM 1960. More than 50 firefighters and 11 fire trucks responded to the scene.

Investigators said the fire displaced over 80 residents and destroyed about 24 units. One of the people impacted is Jose Adin Reyes-Cruz, who said he lived right next to the apartment where the fire started.

He told ABC13 he had no idea something was wrong until he and his friend woke up to the sound of neighbors screaming and running past his unit. He recalled opening his front door and jumping through the flames to make it out alive.

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"After that moment, I can no longer sleep. My body hurts. I am no longer right in the head," Reyes-Cruz said in Spanish. "It's very painful because I won't be able to give my daughters anything this Christmas."

Four days later, Reyes-Cruz filed a gross negligence petition against the apartment complex and its ownership company, HK Capital Management, through attorney Kim Bruno. The lawsuit accuses the defendants of failing to maintain their property, inspect their premises, and correct hazardous conditions.

Bruno, who is representing 15 clients and counting, alleged that multiple requests for maintenance repairs throughout the complex have gone unanswered. They also claim the apartments had no working smoke detectors or fire alarms at the time of the incident, leading to avoidable physical injuries, property loss, and emotional trauma.

The attorney said some of her clients lost their voice due to inhaling fumes and are suffering from orthopedic injuries after falling down the stairs during the fire. She argued the impact of the incident wouldn't have been as severe if leasing management had ensured that their property was maintained.

"These are traumatizing and horrible situations that these people are placed in. They didn't have the ability to know beforehand that there was a fire going on. There was no alarm other than the people yelling and the heat coming from their roof," Bruno said. "My clients have lost absolutely everything, not just everything inside their home, but their confidence and security. They can't even go back to work because they don't have their clothes and shoes."

Reyes-Cruz said leasing management offered to relocate them to other vacant units on the property. However, he said the temporary apartments are uninhabitable because they do not have a heating system, running water, operable plumbing, or furniture.

The plaintiffs are asking for an undetermined amount of monetary compensation for past and future medical expenses, physical and mental suffering, and lost wages.

Requests for comment from Ashford Santa Cruz Apartments have not been returned.

The Harris County Fire Marshal's Office said the cause of the fire is still under investigation. Information for the latest fire and code inspection reports for the apartment complex was not readily available, and a spokesperson said it would need to be obtained through an open records request.

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