Tenants at a Philadelphia apartment building are banding together to take the rare step of suing their landlord.
Residents of the 71-unit Bentley Manor in West Oak Lane filed a class action lawsuit against Odin Properties and ownership entities tied to the company, WHYY reported. The lawsuit was filed last week in the Common Pleas Court.
The plaintiffs allege Odin collected rent despite the city’s Department of Licenses and Inspections labeling the property as an “unsafe structure,” citing loose and missing bricks, as well as a “leaning parapet” on the roof. The determination was made in November, after which Odin had 30 days to make repairs.
In Philadelphia, landlords are not allowed to collect rent if buildings are not compliant with safety and habitability standards. Odin is accused of failing to appeal the 30-day notice it received or make the necessary repairs, therefore forfeiting its right to collect rent.
But Odin continued collecting for four months, according to the lawsuit. The complaint demands Odin make the required repairs and return the unlawful rent paid to the landlord.
“We care deeply about our residents and take tremendous pride in our relationships with them, so we take any allegations to the contrary very seriously,” Odin chief executive officer Philip Balderston said in a statement. “We are carefully considering the allegations of the recent complaint and plan to respond appropriately.”
Odin did receive a commercial building permit two weeks ago, suggesting it may be about to make structural repairs to the property.
Odin owns and manages more than 1,500 apartments in Philadelphia. It also has a history of receiving tenant complaints regarding living conditions. Last year, Renters United Philadelphia held a protest demanding the landlord make repairs at affordable apartments across its portfolio, an action that came after tenants petitioned for a rent and eviction freeze at all of Odin’s properties until repairs were made.
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