“Tenants are entitled to housing that is safe and decently maintained. I applaud the many tenants of these buildings who organized themselves, the advocates who worked tirelessly on their behalf, and the lawyers from Legal Services NYC who are now bringing suit to ensure these tenants have decent and safe housing.”
A motion being filed today by LS-NYC Bronx, on behalf of tenants living in a portfolio of ten distressed apartment buildings, argues that once a foreclosure action is initiated, and a court-appointed receiver is in place, the mortgage holder can be held liable for maintaining building conditions.
The case concerns ten distressed apartment buildings housing more than 500 families. The portfolio has been in a steady state of decline since its owner, a private equity firm known as Milbank Real Estate, defaulted on its $35 million mortgage. In March of 2009, the mortgage holder, a $3 billion commercial mortgage-backed security trust controlled by Wells Fargo and serviced by LNR Partners, Inc., initiated foreclosure proceedings. The foreclosure judge appointed a receiver who is charged with collecting rents and managing the properties, but due to the high number of vacancies in the buildings, along with the already severely distressed conditions in most of the units, the income from rent collection is not adequate to properly maintain the portfolio.
The tenants have endured horrible living conditions, according to the suit, including water leaks, hazardous molds, cracked and peeling lead paint, collapsing ceilings, broken locks on entrance doors, useless intercoms, rat and roach infestations, busted boilers and electrical fires.
“These tenants deserve better — they pay their rent, work hard, and are suffering because of irresponsible lending practices by Wells Fargo, and irresponsible management by their previous landlord,” said Teresa Anderson, NWBCCC President. “Wells Fargo and other irresponsible banks and landlords will soon learn that when you mess with one tenant in the Bronx, you mess with all of us.”
LS-NYC Bronx attorneys hope that this legal strategy will force Wells Fargo and their agent, LNR Partners, Inc., to invest enough resources into the portfolio to bring conditions back up to acceptable levels.
“The Milbank tenants have suffered the consequences of Wall Street’s reckless lending practices for too long,” said Jonathan Levy, Deputy Director of the LS-NYC Bronx Housing Unit. “The lenders must be held accountable for the costs of repairing the damage.”
If the Milbank case is successful, it could impact the more than 4700 apartments in NYC in foreclosure.
“As properties like these move into foreclosure tenants are left in a state of limbo, not knowing who is responsible for critical repairs,” said City Council Speaker Christine C. Quinn. “Through this lawsuit, we’re saying that lenders must be held accountable for the properties they helped finance. No family should have to live in deplorable conditions because of the unsustainable investments that someone else made.”
“Yet again we are forced to tell a bank to pay attention to the needs of tenants when they sell a portfolio of apartments in the Bronx,” said Congressman Jose E. Serrano. “We had the same message during the Ocelot fight, and we were right then, as we are now. The tenants of Milbank Houses have a powerful new tool in a recent court decision that allows them to press the lender to ensure that the properties are adequately maintained. And this is the crux of the issue — we cannot have buildings falling apart as legal wrangling takes place over ownership or foreclosure. Tenants are entitled to housing that is safe and decently maintained. I applaud the many tenants of these buildings who organized themselves, the advocates who worked tirelessly on their behalf, and the lawyers from Legal Services NYC who are now bringing suit to ensure these tenants have decent and safe housing.”
Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry
“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer
Information on Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana continuing to allow tenants to be exposed to extreme amounts of mold toxins
Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in