A follow up now to an exclusive Eyewitness News investigation into a Bakersfield furniture store accused by the district attorney of fraud. Turns out the story doesn't end there. We uncovered there is more to the story, something more serious.

Little Piper Hernandez is an energetic, outgoing two and a half year old girl. But lately, not feeling well, too. "Does your head ever hurt? Yeah, what happens? I don't know."

Stacie Hernandez, Pipers mother, "She was holding her head and started to cry and said Mommy I have a headache, I have a headache."

Stacie Hernandez believes the reason for the headaches is this, an outdated heating and air conditioning unit sitting atop her southwest Bakersfield, Valhalla Drive apartment.

Ed Hernandez, Stacie's husband, "As you can probably tell from my voice, I have congestion in my head since the heat went out. I've been sick and I've been fighting it for a month now.

Eyewitness News has confirmed with Bakersfield company, AIRCO, that the unit has a cracked heat exchanger which allows carbon monoxide to leak into a living space.

The company immediately shut the unit down. That was over a month ago.

Since then, no heat except for a pair of plug in heaters provided by this man, landlord Juan Rios.

Yes, the same Juan Rios under investigation by the District Attorney twice for unfair and fraudulent business practices connected to "American's Furniture" store, the store he runs on Ming Avenue.

To stay warm, the Hernandez's layer themselves with blankets and sheets and sleep with not one, two, three, four, five but all six altogether.

Stacie Hernandez, "For a couple of days it got down to 35 degrees in our apartment. The thermostat said it was 35 degrees."

Next door, one year old Matthew, three year old Jacob and seven year old Nicholas live with Dad and tenant, Luis Ruiz. "The kids have been getting sick and its been very cold."

Renting since October, Ruiz says he's never had heat. He bought his own space heater, piles blankets on beds and even resorts to the dangerous option of keeping the stove turned on. Ruiz says, Juan Rios collects his rent but never returns calls. "I've called his about 30 times. I go over there and leave my number."

And Ruiz's complaints don't end there. Among them, a toilet routinely backing up and evidence of termites in the entryway.

At the Hernandez apartment, a dishwasher that's never worked, live termites in the cabinets and a garage door missing since day one.

Rios promised to fix them, but hasn't.

David Paquette, City Code Enforcement, "Our primary concern is the fire safety issues, obviously being in the winter, an apartment with lack of heat, it becomes a safety concern."

So now the heat is on Juan Rios.

For nearly three weeks, city code enforcement has given Rios notices to fix the problem. Monday afternoon, he arrived at his three apartments, unannounced, having to explain to the city and tenants why no heat in the dead of winter.

But when Eyewitness News photojournalist Johnny Guillen approached Rios for a comment, all he got was the cold shoulder.


City Code Enforcement Officer David Paquette says Rios told him, "Family issues" prevented him from fixing the heat. Rios promised the city, the three units will all have heat by the end of this weekend. However the city has given him until Thursday at 8 a.m. to make the repairs.

If not done by then, the units would be deemed "un-liveable". Tenants tell us Rios has agreed to then pay to put them up in hotel rooms.

After Eyewitness News made the District Attorney's office aware of the tenant problems, the DA's office has been in talks with Rios' attorney for a legal resolution.

As for the DA's Fraud Investigation case involving "America's Furniture Store" Rios previously denied the charges and continues to fight them.