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Justice Circle If you believe you are entitled to funds from the Lake Arbor settlement fill out this online form in English or Spanish, or leave a voicemail at 704 376-1600 ext. 524
Si usted piensa que tiene derecho a recibir fondos del avenimiento de Lake Arbor, por favor llene este formulario en línea en inglés o español.
The NC Justice Center, Charlotte Center for Legal Advocacy, and the law firm of Robinson Bradshaw filed a lawsuit in 2019 against the former owners and property managers on behalf of class of Lake Arbor tenants who had paid rent during periods of time when serious Housing Code violations were left unrepaired in their units.
Charlotte (Dec. 9, 2020) – The former owners and managers of west Charlotte’s Lake Arbor Apartments agreed to pay $547,500, to settle litigation brought on behalf of a class of former tenants. The Charlotte Housing Inspector found the class of former tenants’ apartments to have dangerous conditions.
The North Carolina Justice Center, Charlotte Center for Legal Advocacy, and Robinson Bradshaw represented plaintiffs in the case against Lake Arbor Dean TIC LLC and Lake Arbor 80M TIC, LLC, as well as former property managers Broad Management Group, LLC and Wellington Advisors, LLC. The state Superior Court complaint alleged that the former Lake Arbor owners and property managers violated Charlotte’s Housing Code and North Carolina consumer protection laws between 2015 and 2019 when they improperly sought and collected rent from tenants living in Lake Arbor apartments found to have dangerous conditions. The complaint alleged that the Lake Arbor Apartments owners’ and property managers’ actions violated North Carolina’s Unfair and Deceptive Trade Practices Act, Unfair Debt Collections Act, and Residential Rental Agreements Act. The defendants denied those allegations and claimed that they did nothing wrong or illegal.
“These landlords kept taking the rent and taking the rent, all the while refusing to fix serious safety problems in tenants’ units, as found by the City,” said former Lake Arbor tenant and class plaintiff Serita Russell. “It’s about time they were called to account. I’m glad the lawsuit was settled, and I hope other landlords take this as a lesson on what happens when a landlord cares more about making money than the safety of its tenants.”
After the filing, Lake Arbor evicted all tenants rather than complete repairs. The defendants then sold the property to New York-based URS Capital Partners in April. This sequence of events exposed how dire Charlotte’s affordable housing crisis has become, leaving tenants vulnerable to displacement and homelessness just for exercising their rights to a safe and habitable place to live.
An important consequence of the litigation is that landlords in Charlotte will think twice about allowing dangerous conditions to persist at their properties.
“Landlords and property managers are legally obligated to keep units in a fit and habitable condition and make timely repairs of all violations noted by local housing inspectors,” said Julian Wright, an attorney at Robinson Bradshaw. “Continuing to collect rent while failing to make such repairs can itself violate the law, subjecting the landlords to the possibility of treble damages and attorneys’ fees.”
FOR MORE INFORMATION CONTACT
Jack Holtzman, jack@ncjustice.org, 919.856.2165
Sharon Dove, sharond@charlottelegaladvocacy.org, 980.202.7330
Julian Wright, jwright@robinsonbradshaw.com, 704.377.8352.
The North Carolina Justice Center is one of the state’s preeminent voices for economic and social justice. As a leading progressive research and advocacy organization, its mission is to eliminate poverty in North Carolina by ensuring that every household in the state has access to the resources, services, and fair treatment it needs to achieve economic security. For more information, visit www.ncjustice.org
Charlotte Center for Legal Advocacy (formerly Legal Services of Southern Piedmont) provides expert legal advice and representation to those who cannot afford it, but desperately need it, something the organization has been doing since its inception in 1967. The Advocacy Center serves more than 3,500 families each year who are facing a crisis of safety, shelter, health or income. Charlotte Center for Legal Advocacy provides committed advocacy work on behalf of clients, resulting in policy changes at the local and national level to impact a greater number of people. Charlotte Center for Legal Advocacy is a champion for those in need, ensuring their safety, economic security and family stability. For more information, visit charlottelegaladvocacy.org
Robinson Bradshaw is a Carolinas-based corporate law firm celebrating 60 years of providing comprehensive legal services to our clients. We represent businesses across the country ranging from startups to Fortune 100 companies. Visit robinsonbradshaw.com for more information.