Facts

Plaintiffs were long term (over 10 years) tenants of the subject property. Plaintiff Brenda Brown is a recovering heart transplant patient on immuno-suppressant medication. The property was subject to the Los Angeles Rent Stabilization Ordinance.

In January, 2002, plaintiffs complained to their landlord of water intrusion and mold growth in and around the exterior wall of their master bedroom and guest bedroom.

The landlord made repairs to a garden planter, which through cursory inspection was deemed to be the sole source of water intrusion. No repairs were made to the plaintiffs' apartment, nor were they compensated for any of their damages at the time. Also, at that time no repairs were made to the exterior wall of Plaintiffs' apartment.

In and about 2004, plaintiffs complained to the landlord that the kitchen sink pipes were defective and needed repairs. When inspected, mold was discovered, which engulfed the lower floor board below the pipes.

In January, 2005 to February, 2005, plaintiffs made further complaints of water intrusion and mold in and about the same areas as in January, 2002. The landlord, by the resident managers, instructed their unlicensed day-workers to remove the dry-wall with the black and fuzzy mold on it. The day-workers replaced the dry-wall after about a two-week drying period. Again, at no time was any containment used, nor any repairs made to the exterior wall.

Plaintiffs continued to complain that the work was done poorly and that only repairs to the master bedroom were completed. They demanded a mold inspection report. A mold inspection company performed mold tests (taking four air samples: two for plaintiffs' apartment, one of the neighboring apartment, and one was a control sample). The tests were positive for mold. The mold testing company also confirmed that the landlord believed that the roof was the source of the water leak.

Plaintiffs demanded permanent and competent repairs from licensed contractors, and alternative living accommodations until such repairs were completed. The landlord agreed to perform the repairs, and provided an unfurnished bachelorette apartment. Plaintiff Brenda Brown stayed with her aunt, on the couch, for approximately three weeks. After repairs were completed, the mold testing company, in their final report, indicated that the area repaired contained high levels of moisture; otherwise conditions were in normal tolerances. Once the licensed contractor returned to finish the affected area, plaintiffs continued to complain that the repairs were improper and that the conditions were still dangerously unhealthful.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contend that defendants and each of them attempted to coerce them to voluntarily vacate the subject unit so that they could elevate rents to market levels, about $600 per month more.

The landlord refused to undertake any repairs of any significant cost, or undertook repairs superficially in order to minimize costs. However, it became cheaper to force plaintiffs out, i.e. convince them to voluntarily vacate due to conditions, rather than to effect the necessary repairs. Further, the new tenants suffered a significant water intrusion in the same area, as well as installed new carpets, among other things, during their tenancy. Moreover, those tenants and others confirmed that the landlord undertook repairs to the roof and water-gutters.

DEFENDANT'S CONTENTIONS:
Defendants contended that the repairs were competently performed by licensed contractors, and that any further complaints were idiosyncrasies related to plaintiff Brenda Brown's medical condition. Defendants contended that plaintiffs voluntarily vacated the premises because of personal reasons. As such, they were not liable for any damages.

Damages

Difference between former rent and market rent for expected future tenancy; relocation costs and expenses; discomfort/pain/suffering; statutory penalties; punitive damages; and attorney fees.

Result

Defendants, by and through their insurer, shall pay $100,000 to plaintiffs.

Other Information

Mediator: Alec Wisner, Esq. of Wisner Dispute Resolution.