Tenants sue landlord, cite living conditions
A group of tenants living in an East Oakland apartment building filed a lawsuit against their landlord Monday alleging inhumane living conditions and harassment.
The lawsuit, filed in Alameda County Superior Court, accuses Michael You, the landlord at 1821 28th Ave., of violating local and state laws by trying to force out the tenants and refusing repairs.
The alleged conditions include cockroach and mice infestations, no hot water, bad plumbing, low water pressure, broken windows, damaged walls and floors, malfunctioning stoves and refrigerators, and extensive mold, according to the complaint.
The lawsuit seeks an immediate court order from a judge to address some of the living conditions and will seek monetary damages.
You did not respond to a request for comment. But in February he told The Chronicle his tenants didn’t complain about the condition of the apartments before the pandemic. The tenants and their lawyer said they did.
“Admittedly, it is a tricky time to be involved in managing property,” You said in February. “I do need the cooperation of the tenants to ensure access as well, and to help
reduce the risk of infestation by good housekeeping standards.”
David Levin, an attorney representing the tenants, said they will ask for at least “hundreds of thousands” of dollars in damages, but have not determined a total amount.
The tenants, mostly lowincome Latino families, complained at a news conference Monday about what they described as untenable living conditions.
“We don’t have hot water, we are living with mildew and mold in our apartment, and we have pests like rats and roaches,” said Evelyn Rivas, a resident. “The main thing we are asking for is just for our living conditions to be better, for the landlord to provide a decent living situation for us.”
Angelica Rivas, another tenant, said she is forced to boil hot water in her kitchen for hot showers for her and her children. She said when she turns on her water faucet, cockroaches spill out. Angelica Rivas and Evelyn Rivas are not related.
“This is a bad situation, especially for my daughters,” she said. “They feel traumatized by this.”
Rivas and her neighbors went on a rent strike last March to demand that You make repairs. You said in February that it is “troubling” that he has not received rent.
He issued multiple eviction notices to tenants since the rent strike began.
The tenants say the landlord and others have harassed them by demanding rent payments either by letter, phone or in person, according to the lawsuit.
Oakland, which has one of the strongest eviction moratoriums in the state, prohibits evictions for nonpayment of rent at most residential units during the pandemic. The statewide eviction moratorium allows for notices to be sent as long as it includes a form for tenants to fill out if they are unable to pay rent due to the pandemic. You has sent that form with the notices. Housing experts say it can be confusing for landlords and tenants to know which moratorium to follow.
On March 15, California began offering financial assistance to landlords and households to pay past due rent and utility bills.
On Monday, Levin said You has been saying “for months and months” that repairs will be completed, but hasn’t made any.
“That’s why we are taking legal action now,” he said.
The lawsuit alleges that the tenants are at risk of displacement and homelessness.
Evelyn Rivas said she is unable to simply move — rents are too expensive in Oakland, and she has an elderly father whom she cares for, making it even more difficult to move.
“Landlords need to know they cannot allow these living conditions to persist,” said Ruby Acevedo, a staff attorney at Public Advocates, a nonprofit law and advocacy organization. She is also representing the tenants.
“Their profound neglect and greed will not be tolerated, and they cannot exploit tenants who are of limited resources and income,” Acevedo said.