A Denver jury on Thursday awarded millions of dollars to former tenants of an apartment complex over systematic neglect and habitability concerns.
More than 2,000 residents of the Mint Urban Infinity apartment complex at 1251 S. Bellaire St. near Glendale will receive rent credits for the months they lived in the building as well as $200 per unit per month in damages.
Jason Legg, one of the attorneys representing the residents, said the estimated total payout will be between $13 million and $15 million.
“I am completely overjoyed,” said Brandon Smith, one of the plaintiffs and tenant organizers. “I feel really proud. This is one of the happiest moments of my life.”
Smith moved into Mint Urban in April 2021. On move-in day, the elevators were broken, forcing Smith — recovering from a torn ACL — to lug his belongings up four flights of stairs. The next weekend, he came home from dinner to see the hallway filled with smoke and none of the smoke alarms working. A dryer had caught on fire.
A month or two later, the air conditioning and hot water went out. Smith, working from home in 105-degree heat, was drenched in sweat from morning until night. He barely slept.
“I was pushed to the brink of exhaustion,” Smith, 36, said.
On day seven without hot water, Kristin Jones had had enough. She and Smith started knocking on doors, forming a resident coalition. They heard stories of mold and cockroach infestations, collapsed ceilings and water leaks.
In October 2021, Smith filed a class-action complaint against Cardinal Group Management & Advisory and Glendale Properties, the management and ownership of Mint Urban, alleging the company was violating Colorado’s warranty of habitability laws that require rental units in the state to meet minimum safety and health standards.
Jessie Koerner, a spokesperson for Cardinal, said the company is “disappointed in the outcome” of the lawsuit, adding that the verdict will have a “material adverse impact” on affordable housing in Denver.
After an eight-day trial in Denver District Court this month, the jury found the apartment management and ownership violated the warranty of habitability statutes, awarding a 31.42% rent reduction per unit per month from October 2018 through June 2022. The jury also found the companies violated their obligations to maintain the property under the lease.
Legg, attorney for the residents, said he believes the case to be the first class-action certified for warranty of habitability violations in the state, and one of the first in the country.
“I hope this sends the message clearly that it’s not good business to see how much you can maximize your profit margin by neglecting properties,” he said.
Smith said he felt immense relief Thursday when the jury came back with the verdict.
“This lawsuit sets a precedent that tenants don’t have to put up with this stuff,” he said. “If you continue with awful conditions, you’re gonna pay for it.”
Get more Colorado news by signing up for our daily Your Morning Dozen email newsletter.
Originally Published:
