A burst water pipe atop a 36-story apartment tower in San Francisco has produced a flood of lawsuits by displaced tenants.
Hines, based in Houston, was sued by more than 50 tenants forced to vacate the 403-unit highrise after two summer floods at 33 Tehama in South of Market, the San Francisco Chronicle reported.
The more than 50 plaintiffs seek unspecified damages for what they allege was chronic mismanagement and deception after water sprung from a faulty sprinkler system in June and August, sending a cascade of water down hallways and into apartments on multiple floors.
With little time to grab pets or belongings, tenants were sent scrambling to nearby hotels. The four-year-old building was red-tagged by city officials and tenants haven’t returned to their homes.
They say Hines managers knew the building had plumbing problems and failed to fix them, according to the lawsuit.
“The tenants were promised this magnificent building and instead they found themselves in a total nightmare,” said Nazy Fahimi, an attorney with Cotchett Pitre & McCarthy, who represents the tenants in the lawsuit.
Hines denied the tenants’ allegations.
“We have provided our residents with temporary housing and funds for personal expenses,” Hines spokeswoman Marisa Monte said in a statement. “We have also worked tirelessly to repair the building, engaging leading experts to identify and address the building’s mechanical problems.”
The June 3 flood sent an estimated 20,000 gallons of water cascading to lower floors, according to the landlord. Hines, the co-developer and landlord, offered residents $300 stipends for lodging in lieu of hotel rooms it had booked.
A building inspector’s report in June said 93 units sustained water damage, along with common areas. Hines had hired Turner Construction, based in New York, to fix the leak, which sprung again on Aug. 10, sending another waterfall through the building.
The suit alleges Hines failed to properly maintain the property and repair the leaks and flooding in a timely manner. It alleges Hines in many cases failed to pay for incidentals and hotel expenses, as promised by building managers.
Tenants also allege the company failed to secure the apartments and tenants’ property during the repairs. Reports in August said security footage caught one of Hines’ contractors pilfering belongings from a unit.
Residents of the building aren’t expected to be able to return until early next year.
Hines, a global real estate powerhouse, teamed up with Atlanta-based Investco to develop 33 Tehama in 2018. The green glass tower was designed by Miami-based Arquitectonica, with Lendlease Group serving as general contractor. It was beset with problems from the beginning.
In February 2017, a construction failure at the partially built highrise forced the evacuation of a dozen nearby buildings when a 2,000-pound slab attached to a failed crane threatened to fall hundreds of feet, according to fire officials. Hines denied a crane malfunction and blamed a failed hydraulic lift.
— Dana Bartholomew
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