PHILADELPHIA (KYW Newsradio) — A new class action lawsuit claims the landlord of a West Mount Airy apartment complex illegally collected rent without making safety improvements that were mandated by the city.
In August, the Philadelphia Department of Licenses and Inspections deemed the 144-unit Upsal Garden apartment complex an inhabitable, “unsafe structure” due to a deteriorated foundation and fractured exterior walls and interior floors.
The property owners — Real Properties Management, registered owner Alan Lieberman, and record owner 246 Associates — were ordered to obtain a make-safe permit within 30 days and begin renovations under the guidance of a structural engineer.
“For over two months, the landlord has failed to make the property safe while demanding and collecting rent,” said Sari Bernstein, a senior attorney at the Public Interest Law Center, one of the firms representing plaintiffs in this suit.
“Landlords cannot collect rent for any period that they’re in violation of the law,” she said. “They need to make repairs in accordance with the guidelines of the Department of Licenses and Inspections.”
Three senior residents are plaintiffs in the suit. They said they have dealt with numerous problems at the apartment complex, including a collapsed bathroom ceiling, recurring leaks, mold, and deteriorating walls, ceilings, and floors.
The lawsuit demands that the landlord make the necessary repairs and give back any improperly collected rent.
“It’s also important to tenants throughout Philadelphia to see that they have rights and remedies,” Bernstein added. “It sends a message to other owners and property managers in Philadelphia that the laws are on the books to ensure the safety of the tenants.”
KYW Newsradio reached out to the landlord for comment but has not heard back.