25 tenants sue Nyack landlord over fire that destroyed their apartments
Many of the displaced tenants are nearly broke from paying for hotel rooms while they seek temporary housing, they lost all their furniture and are stressed out.
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Twenty-five tenants who were displaced from their apartments by a fire are taking legal action against the company that manages their apartment complex, claiming the company's negligence put them in danger, caused significant financial losses, and has inflicted emotional distress.
Johana Downing, plaintiff No. 24, said Community Housing Management Corp — the company that runs Nyack Plaza Apartments — knew Building C was at risk of a disaster long before a fire tore through it on June 3.
Investigators said a malfunctioning mounted fan in the bathroom of Unit 409 likely started the fire.
A summons filed Thursday in New York State Supreme Court states Building C had faulty firewalls, no fire extinguishers and no fire alarms.
"My niece was going around banging on everyone's door," Downing said, "to get out of the building because there's a fire."
Many of the displaced tenants are nearly broke from paying for hotel rooms while they seek temporary housing, they lost all their furniture and are stressed out.
Downing said Community Housing Management Corp. should pay for the losses and stress.
"I have memories. Sister, brother, mother, God. Anything from them is in there. It's heartbreaking," she said. "Oh, to be homeless for four months. I just signed a lease for a temporary housing, and we still can't move in because we have nothing to move in with."
No work has been done on any of the damaged units.
The person who answered the phone at Community Housing Management Corp. said she spoke to company leaders who have "no comment."
Attorney Robert Fellows is representing the tenants for free.
Fellows said Community Housing Management Corp. has not made an honest effort to compensate the tenants nor fix their apartments, which have remained untouched since June 3.
"These are people who matter, even though a lot of them are low-income," Fellows said during a press conference at a local church that has been helping the tenants survive the disruption. "And they're people of color. And you know what? All too often, it's easy to neglect people who are not empowered."
The tenants are seeking damages for breach of contract, breach of warranty, failure to maintain the property, and emotional distress.
Plaintiff No. 9, 94-year-old Flora Marie Harris, said she will stay patient while Fellows works for her.
"They hung us out to dry," she said of the property management company. "We've been left hanging ever since we've been here. We'll let it keep on hanging."
Fellows said he also wants Community Housing Management Corp.'s insurance company, Travelers Insurance, to use whatever power it might have to compel its customer to work with the tenants in good faith.
Travelers had still not been returned multiple calls Thursday evening seeking comment.
Community Housing Management Corp. has 20 days to respond to the tenants' summons.
