Tenants refuse to be forced out, suing on fifteen claims that could result in more than $1million in damages
Submitted by Public Advocates
OAKLAND – After months of protesting conditions at their building in Oakland’s Fruitvale district, tenants announced a lawsuit today against landlord BYLD2 LLC who they accuse of ignoring repairs to dangerous living conditions as part of a scheme to force them to vacate. The tenants, joined by attorneys from David M. Levin Law Office, Public Advocates Inc. and the Alliance of Californians for Community Empowerment, shared graphic details of the squalid conditions they’ve been forced to live under. From cockroaches running out of faucets, to rat infestations, to holes in floors, to collapsing ceilings, to broken stoves, non-existent water pressure and no hot water—the Spanish-speaking immigrant tenants at the 1821 28th Avenue apartments are enduring deteriorating conditions designed to displace them and to gentrify their neighborhood. The lawsuit, Rivas v. BYLD 2 LLC, is being filed in the Superior Court of Alameda County on behalf of 26 plaintiffs, twentyone adults and five children. “For the 15 years I’ve lived here I’ve paid my rent, and taken care of my apartment as best I could,” said Angelica Rivas, a mother of two young daughters who live with her. “I and my daughters don’t deserve this—to find dead mice in our clean dishes and food, live with 8 months of no hot water in the shower, mold everywhere because the landlord believes making money on the building is more important than we are.” “The claims we are filing today on behalf of these tenants show that the owner’s willful neglect and negligence has left these families—including children and seniors—living in conditions that are blatantly illegal under state and local laws,” said David Levin, lead counsel in the lawsuit. He added, “we are confident in the strength of the claims and we expect that this negligence will subject BYLD 2 LLC and owner Michael You to liability for a wide range of violations.” “We are asking the court to hold Michael You accountable for violating the law and to order immediate repairs,” said Public Advocates Staff Attorney Ruby Acevedo. “The outcome of this case will shine a light on landlords who subject their tenants to atrocious living conditions and who willingly violate state and local laws. Landlords need to know they cannot allow these living conditions to persist. Their profound neglect and greed will not be tolerated and they cannot exploit tenants who are of limited resources and income,” said Acevedo. “The 28th Avenue tenants should inspire other tenants who have endured unjust housing conditions that they too can organize and fight for their safety, health and dignity,” said ACCE Staff Attorney Jackie Zaneri. “Too often, we see speculators who purchase small rental properties, engage in a campaign to remove the tenants, and then sell the property for a large profit. The tenants have sent a message to speculators that the business model of displacement and purposeful neglect comes with a price,” said Ms. Zaneri.
