Poor Conditions at REAP Rentals in 90001 Zip Code – Can I Sue My Landlord?
Without a doubt, all rental properties should remain in habitable condition – it is the law. The rental properties in the 90001 zip-code are no exception. Currently, there are fifteen properties in this zip code that are in the Rent Escrow Account Program (REAP) due to the state that they are in. These properties were placed in REAP because they were determined not to be in habitable condition.
What does this mean for tenants? Unfortunately, this means that tenants have been paying rent and living in a property that was deemed to be uninhabitable. If you have been living in substandard conditions in your rental, it is important that you seek legal assistance as soon as possible. If the rental property that you and your family are living in is in REAP, you could potentially have the right to file a lawsuit.
For more information about the legal options available to you, contact the Downtown L.A. Law Group as soon as possible. You have rights as a tenant, and it is important that you seek legal assistance and pursue your rights. Our lawyers are ready to evaluate your situation and provide you with the guidance that you need to pursue your claim. If you are ready to speak with our lawyers, contact us today.
More about the Properties in REAPThe properties in the 90001 zip code that are in REAP include the following:
- 903 E 79TH ST. LOS ANGELES, CA 90001 (APN# 6023029015) – a 4-unit property owned by Jack Williams.
- 715 E 76TH PL. LOS ANGELES, CA 90001 (APN# 6023018027) – a 2-unit property owned by Wells Fargo Bank c/o American Home Mortgage Service.
- 736 E 74TH ST. LOS ANGELES, CA 90001 (APN# 6023010010) – a 3-unit property owned by Anna L. Demary.
- 758 E 85TH ST. LOS ANGELES, CA 90001 (APN# 6029031028) – a 4-unit property owned by Residential Mtg. Solutions LLC.
- 653 E 82ND ST. LOS ANGELES, CA 90001 (APN# 6029009020) – a 2-unit property owned by Onewest Bank FSB c/o Onewest Bank.
- 806 E 83RD ST. LOS ANGELES, CA 90001 (APN# 6029019012) – a 2-unit property owned by Boyd Shera and Gilbert Kenyon.
- 1008 E 75TH ST. LOS ANGELES, CA 90001 (APN# 6023013015) – a 4-unit property owned by Bank of America.
- 758 E 79TH ST. LOS ANGELES, CA 90001 (APN# 6029002001) – a 3-unit property owned by Moore Virginia R.
- 850 E 77TH ST. LOS ANGELES, CA 90001 (APN# 6023027013) – a 2-unit property owned by Solomon Quijano.
- 750 E 78TH ST. LOS ANGELES, CA 90001 (APN# 6023031030) – a 2-unit property owned by Sedric Morgan.
- 842 E 75TH ST. LOS ANGELES, CA 90001 (APN# 6023014011) – a 3-unit property owned by Peter Properties LLC.
- 826 E 81ST ST. LOS ANGELES, CA 90001 (APN# 6029011025) – a 2-unit property owned by Irene Hernandez.
- 7664 S AVALON BLVD. LOS ANGELES, CA 90001 (APN# 6023024003) – a 2-unit property owned by Jose Navarrete.
- 653 E 82ND ST. LOS ANGELES, CA 90001 (APN# 6029009020) – a 2-unit property owned by Onewest Bank FSB c/o Onewest Bank.
- 1012 E 79TH ST. LOS ANGELES, CA 90001 (APN# 6029004009) – A 3-unit property owned by Ronald Jackson Jr.
$1.96 Million
$1.4 MIllion
$600,000
$825,000
$500,000
$460,000
$420,000
$525,000
What is REAP? It is very important that the tenants in the addresses listed above understand REAP – or the Rental Escrow Account Program. REAP is a program that was designed to resolve habitability issues found in rental properties in the area. Some of the goals of the program include reducing blight, preserving Los Angeles’ stock of affordable housing, and protecting tenants from poor living conditions.
When a property is placed in REAP, tenants get reduced rents. In addition, it creates an account in which tenants can pay their rent into (although tenants can still pay their rent directly to their landlords). It is important to note that the rental income in this account is withheld from property owners; this is in hopes of property owners being encouraged to address the habitability issues and make repairs promptly in order to get their properties out of the program and regain access to their rental income.
Property owners can access their rental income to make repairs while the property is in REAP but they must submit an application.
For more information about REAP, do not hesitate to contact the housing experts here at our law firm as soon as possible.
Properties are Placed in REAP due to Poor ConditionsAs mentioned above, the goal of the program is to resolve the different issues present in rental properties throughout Los Angeles. Properties are not placed in the program for minor issues; they are put in REAP for major issues that seriously affect habitability and must be addressed immediately. Unfortunately, it is very common for tenants to have been living in uninhabitable living conditions for months and sometimes even years before the property was finally placed in REAP. Some examples of the uninhabitable conditions that tenants often have to deal with include pest infestations (bed bugs, fleas, mice, rats, cockroaches, etc.), no working electricity, no running water, etc.
Understanding the Warranty of Habitability under State LawUnder California’s Civil Code 1941.1, all rental units must remain in a habitable condition. The requirements for a rental to remain habitable include the following:
- It must be free of toxins (like mold, lead, and asbestos).
- It must be free of vermin or pests, in general.
- It must have a functional heater.
- It must have access to hot water.
- It must have exterior walls, a roof, and doors that keep the weather out of the unit.
- It must have generally clean premises.
- It must have sturdy floors, walls, stairs, and railings.
- It must have the appropriate trash bins.
- It must have working electrical (wiring and outlets).
If the rental unit fails to meet even one of the points listed above, the unit is considered uninhabitable under California law. Considering that landlords are required to keep their rental units in habitable condition, affected tenants can potentially have grounds to file a claim and recover compensation.
A Review of Housing-Related Case LawTo better understand the rights of tenants, it is important to be familiar with the housing case law. Consider the two examples listed below:
- Green v. Superior Court (1974) – established the implied warranty of habitability meaning that even if the rental/lease agreement did not explicitly state the warranty of habitability, the warranty was implied. This made the landlord/property owner responsible for keeping rental units in habitable condition even if there is nothing about that in the rental/lease agreement.
- Knight v. Hallsthammar (1981) – established that tenants can withhold rent and even make repairs themselves if their landlords fail to make the necessary repairs to make the property habitable. Additionally, this case established that tenants are entitled to reduction in rent if landlords fail to repair the property.
In most cases, tenants are not aware of their rights, so they just put up with the poor conditions in their rental homes. In addition, many tenants simply do not have access to information about housing laws and their rights.
Can I Sue for the Uninhabitable Conditions at My Rental Property Located in the 90001 Area?Yes – you could have the right to sue for the uninhabitable conditions at your rental property under REAP. Your right to sue is based on the warranty of habitability. In other words, if your landlord failed to keep the property habitable and was aware of the poor condition of the property, they could be held accountable for any resulting harm that the tenant suffered (whether its physical, emotional, and/or mental harm). Depending on the details surrounding your case, you could also be entitled to receive compensation; more specifically, you could receive compensation for medical expenses, lost income, out-of-pocket costs, moving costs, and legal fees, for example. This can result in settlements ranging in value from $75,000 to $1.5 million, and even more in some cases.
For more information about your right to file a lawsuit for the poor conditions of your rental home or apartment and your right to recover compensation, contact us today.
The team here at the Downtown L.A. Law Group is ready to provide you with the representation that you need to fight for your rights and recover the payout that you are owed. The specific reason behind the uninhabitable conditions ultimately does not matter as much as the harm/damages that resulted from the uninhabitable conditions. Ultimately, you could have grounds to file a lawsuit. The housing lawyers here at our law firm have decades of experience and can help you fight for your rights and secure the recovery that you are owed.
We offer free legal services. These include free consultations and free second opinions, which allow our legal team to provide you with the guidance that you need to either begin or continue your claim. Our experts will answer all your questions, address all your concerns, and provide you with the guidance that you need to pursue your housing claim. If you are ready to benefit from these free legal services, contact us today.
We are proud to offer a Zero-Fee guarantee, meaning that our clients will not have to pay upfront legal costs for any of our legal services. In addition, since our team works on contingency, our clients will not be responsible for paying legal costs unless they win their claims.
If you are ready to speak with our legal team about the uninhabitable conditions in your rental unit located in the 90001 zip code, contact us today.
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