Class Action Lawsuit Against Odin Properties: Tenant Troubles, Legal Obligations, and Landlording Duties
Tenants in West Oak Lane complain that their landlord has been illegally collecting rent for several months. As a result, they have chosen to take legal action.
Philadelphia's largest landlord, Odin Properties, is in hot water over a proposed class-action lawsuit. The controversy revolves around claims that the company illegally collected rent at Bentley Manor, an apartment complex primarily inhabited by working-class residents.
The lawsuit, filed in Common Pleas Court, states that Odin Properties demanded and received rent despite the building being deemed an "unsafe structure" by the city's Department of Licenses and Inspections. The building's hazardous conditions included missing bricks and a parapet on the roof teetering precariously.
As per city and state law, landlords must maintain their properties' safety and habitability. In Philadelphia, landlords who violate these rules are barred from collecting rent until properties comply with regulations.
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Madison Gray, a staff attorney at the Public Interest Law Center who filed the lawsuit on behalf of tenants, commented, "The law says that landlords are required to maintain the fitness and habitability of the property, and if they don't then they wouldn't be able to collect rent. And here you have an official city agency certifying the hazards are extremely dangerous."
On Bentley Manor's Unsafe Status
In November, the city designated Bentley Manor as an unsafe building. Odin Properties was given 30 days to make the necessary repairs before falling out of compliance with the city's rental code. According to the complaint, the company did not challenge the notice and neglected to meet the deadline, permanently forfeiting their ability to collect rent from tenants.
Nonetheless, the lawsuit alleges that the company continued to illegally collect rent over the next four months, leading to the filing of an unusual class-action lawsuit against the landlord.
Tenants' Demands and Broader Implications
The tenants are seeking for Odin Properties to make the required repairs and return any illicitly collected rent. Moreover, they hope the lawsuit will inform other renters about their rights amidst landlords' legal infractions.
Gray added, "A lot of tenants understand that intuitively, and so we're hoping this lawsuit can help people understand how the procedure will actually play out when landlords fail to make their repairs."
Additional Parties Sued and Defense Statements
In addition to Odin Properties, the lawsuit names Fernrock Apartments 2 LP, the owner of Bentley Manor, and Fernrock Apartments 2 LLC. Both entities are believed to be either directly or indirectly controlled by Odin CEO Philip Balderston as per the complaint.
Balderston, who oversees at least 1,500 apartments in Philadelphia, issued a statement defending his company, stating, "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. We are carefully considering the allegations of the recent complaint and plan to respond appropriately."
As the legal process commences, tenants continue to face other problems, such as mold, power outages, and nonfunctional doors at Bentley Manor.
Other Odin Properties Troubles
Dawn Colbourne, one of the primary plaintiffs, voiced concerns about strangers entering the building at will, leading to stolen packages and making her feel unsafe. She shared additional concerns regarding leaking windows, flooding in her living room, and a damaged stove.
Colbourne, a disabled woman living on a fixed income, wishes to keep her subsidized apartment, but hopes Odin Properties will address the issues at Bentley Manor and enable her and her neighbors to live comfortably.
It remains unclear when or if Odin Properties plans to make the repairs as detailed in the complaint. However, city records show that the company was issued a commercial building permit on March 8. A building permit must be obtained to perform structural repairs to a property.
This is not the first time tenants have criticized Odin Properties over living conditions at their properties. In June, members of Renters United Philadelphia staged a protest to demand that Odin make urgent repairs at other affordable apartment buildings within its portfolio.
- Despite the ongoing legal issues with Odin Properties, the company continues to operate in finance and real-estate sectors, specifically managing at least 1,500 apartments in Philadelphia.
- The housing-market controversy involving Odin Properties extends beyond legal obligations; tenants in one of its apartment complexes, Bentley Manor, are battling persistent problems such as mold, power outages, and nonfunctional doors.
- In the midst of this real-estate dispute, Madison Gray, a staff attorney at the Public Interest Law Center, emphasized the importance of education-and-self-development for renters, stating that the lawsuit's goal is to inform tenants about their rights when landlords violate legal rules.
- Believing that the situation at Bentley Manor is a reflection of a broader issue in the industry, the tenants demand not only for the repairs and return of illicitly collected rent, but also hope the class-action lawsuit will serve as a general-news reminder to other renters and landlords alike about their respective obligations and rights.
