Poor Conditions at REAP Rentals in 90002 Zip Code – Can I Sue My Landlord for Unsafe Conditions?

What is REAP?

As previously mentioned, REAP refers to the Rental Escrow Account Program, which is a city-program created to address the habitability issues present in rental homes within Los Angeles. The goals of the program include reducing blight, preserving the stock of affordable rental housing, and protecting tenants from having to live in unsafe and uninhabitable conditions.

When a property is placed in REAP, tenants may suddenly be eligible for reductions in rent. In addition, the program creates an account in which tenants can pay their rent into (although they can choose to continue paying their landlords directly). Any rent paid into this account will be withheld from the landlord until the conditions throughout their rentals have been address. Before then, landlords can access this rental income only to make repairs by submitting an application and proving that they will make repairs.

After their properties are placed in the program, landlords are usually motivated to make repairs to be able to freely access their rental income. Of course, this is beneficial to the tenants who have been forced to live in uninhabitable conditions.

Understanding Some of the Possible Reasons for Rental Properties being Placed in REAP

As mentioned, rental properties are placed in the program when they are deemed uninhabitable by the city. These rentals are not placed in the program for any minor issue. Rentals are placed in the program because of serious issues that affect habitability and can represent a hazard to tenants. Unfortunately, due to a lack of information or simply a fear to take a stand against landlords, many tenants put up with the uninhabitable conditions in their rentals for months or years. Landlords ignore these issues for far too long, until they have no other choice but to make repairs after their properties have been placed in REAP.

Some of the issues that could lead to rental properties being placed in the program include the following:

• The presence of lead, asbestos, mold, or other toxins
• Pest infestations, including cockroaches, bed bugs, rats, mice, fleas, etc.
• No access to hot water
• No access to running water
• No functioning heat
• No electricity
• Unstable stairs, rails, and floors
• Leaking roofs
• And more

All of these conditions are enough to make rental properties uninhabitable, based on housing law. Below we will review these laws and the rights of tenants.

About the Warranty of Habitability

According to California Civil Code 1941.1, or the Warranty of Habitability, rental units must be kept in habitable condition. That is, landlords have the duty to ensure that their rentals are habitable and meet all the requirements listed below:

• Be free of toxins
• Be free of pests or vermin
• Have functioning heaters
• Have functioning electric systems
• Have access to hot water and running water
• Have sturdy stairs, railings, floors, and walls
• Have exterior walls, doors, and roof that effectively keep the weather out of the unit
• Have the required trash bins
• Have a generally clean premises

Important Case Law to Consider: unfortunately, most tenants do not know their rights, so they do not take any action against their landlords. Tenant rights are not a new thing. In fact, there have been multiple court cases in the past that have established important tenant rights. For example, the 1974 case Green v. Superior Court established the implied warranty of habitability, meaning that even if the warranty of habitability is not explicitly mentioned in the rental or lease agreement, it is still implied, meaning that landlords are responsible for keeping the rental habitable regardless of the terms of the agreement. The 1981 case Knight v. Hallsthammar, for example, established that tenants could withhold rent and make repairs themselves if landlords failed to do so.

When rental units do not meet the conditions established by the warranty of habitability, then the rental is considered uninhabitable; tenants could have the right to file a lawsuit for the breach of the Warranty of Habitability and could even file injury claims for any harm resulting from the uninhabitable conditions in the rental.

Can I Sue for the Uninhabitable Conditions in My Rental in the 90006 Area?

Yes, you could have the right to file a claim against your landlord. If your rental unit was in an uninhabitable condition, you could pursue a claim against your landlord on the basis of the breach of warranty. This is based on the landlord’s failure to keep the property in a habitable condition – and not necessarily any injuries resulting from the inhabitable conditions. However, if you or your family sustained any injuries (or if someone died) as a result of the uninhabitable conditions in the rental, you could actually pursue an injury claim or wrongful death claim against the landlord. For more information about the legal options available to you, contact us today.

Can I recover compensation if I choose to file a claim? Yes, you could be entitled to receive compensation. Although every situation is different, you could potentially be compensated for medical costs, lost income, moving costs, temporary relocation costs, out-of-pocket repair costs, legal fees, and more. If you have questions about the possible value of your lawsuit, contact us today. Our team is ready to fight for your rights and help you recover the maximum compensation available for your claim.

Contact Our Tenant Right Experts at Downtown L.A. Law Group Today

If you live in a rental located in the 90006 zip code that is in REAP, you could have the right to file a claim against your landlord for the uninhabitable and hazardous condition on the premises. You could be entitled to receive compensation. For more information about the legal options available to you, contact us today. Our team has decades of experience and is ready to provide you with the guidance that you need to fight for your rights and recover compensation.

Free Case Evaluations: our firm is committed to remaining accessible to all, so we offer free legal services. These include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns. You will be able to access all the information that you need to begin or continue your claim. If you are ready to schedule a free case evaluation, contact us today.

Zero-Fee Guarantee: our law firm provides a Zero-Fee Guarantee, meaning that you will not be required to pay any upfront legal fees for any of our legal services. In addition, our law firm works on a strict contingency structure, so our clients will not have to pay anything if you do not win your claim.

Please do not hesitate to reach out to our tenant right lawyers to learn more about how we can help you with your case!

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