wendy kramer adr

Habitability

Representative Cases

  • Warranty of Habitability: 24 plaintiffs were tenants at various times in large apartment building and sought damages for breaches of warranty of habitability due to termites, bedbugs, rodents and mold. Damages for personal injuries, medical expenses and property damage sought. Overlapping coverage issues due to ownership of building changing hands. (Note: I have mediated approximately 25 cases involving similar issues set forth above with varying sizes of buildings and numbers of tenants.)


  • Bedbug Infestation: Tenant alleged landlord had knowledge of bedbug infestation prior to Tenant signing lease and move-in and intentionally/negligently withheld the information.


  • Mold/Vermin: Landlord filed successful unlawful detainer action against tenant who refused to pay rent due to dispute regarding water intrusion, mold, cockroaches, vermin, etc. Tenant now sued Landlord for personal injuries due to mold exposure and damages to personal property. Landlord agreed to pay damages but kept UD judgment in force.


  • Mold: Mold issue arising out of a high end apartment rented by a young family with three children, one aged 10 months. Their middle son developed asthma and allergies. Defendant expert denied connection between illness and mold. Delays occurred in repairing water leak and in relocating family.


  • Water Intrusion/Mold: Plaintiff’s apartment experienced water intrusion from the upstairs apartment. Her landlord submitted a claim to landlord’s insurance company and there were numerous delays as the insurers for the HOA and the two units could not come to an agreement as to which would pay and whether the scope of the work estimated was necessary.


  • Eviction by Jackhammer: Plaintiffs claimed landlord was engaging in illegal condominium conversions in contravention of local ordinances and in doing so created undue noise, debris, dust and various hazards making the premises uninhabitable. Landlord claimed renovations only occurred as tenants voluntarily left and denied intent to create conversions.


  • Noise/Security Breaches: Plaintiffs sued for damages against HOA president and the security company arising out of their ownership of a condominium/loft. Their unit was situated under the rooftop pool and lounge area and as such they were subjected to noise, party debris, urinating on their balcony and intruders onto their balcony. Security Company was contracted by HOA for one on-site guard and claimed they did the best they could with the manpower to control the peace.