DA's wrath hits slumlords

The seven apartment units, which include 100 separate dwelling units in Redwood City, Daly City, San Bruno and South San Francisco, rented for $1,000 to $1,500 a month despite their dilapidated conditions. Although there were a few tenant complaints lodged, most renters were hesitant to come forward before the district attorney's office took action.

"Obviously it's a difficult situation for a tenant because they presumably don't want to have trouble with the landlord," Wilson said.

The four landlords attracted the attention of the district attorney's office in March 2002 after a fatal fire at a Daly City apartment building. The unit, located at 586 Clarinda Avenue, went up in flames and prosecutors allege that three people died because automatic door-closing mechanisms on the fire doors were never repaired. Glenda DeLeon and her two children, 9-year-old Daryl and 3-year-old Darwin, tried escaping the flames via the stairwell. But the three were overcome by smoke and died.

Wilson said his office investigated the possibility of filing criminal charges in the deaths but could not accumulate a case beyond a reasonable doubt. However, he said they found that the four plaintiffs have a four year history of not complying with various codes including fire safety.

"Prior to the fire they were cited for problems with the doors in March 2000 and early February 2002. There were also problems with fire extinguishers and smoke detectors but the door problem was not corrected. In fact, Fire Inspector Robert Marshall filed a declaration that concluding that the deaths in the March 18 fire were directly attributable to that failure," Wilson said.

George Corey, attorney for the four plaintiffs, could not be reached for comment on his clients' case.

Wilson said the case is particularly serious because it shows a lack of correction on the part of the landlords. After routine inspections occur the landlords are told what aspects don't meet code and must acknowledge that they will make improvements. Despite over 800 documented violations over the last four years, no repairs were ever made to the properties.

The four defendants were charged Feb. 28 with engaging in unlawful business practices and violating 30 separate codes. The quartet own 17 properties in both San Mateo and San Francisco counties but were only charged for the seven. Over the last four years, there have been 60 separate inspections on the seven sites.

Wilson said Judge Mark Forcum also issued a temporary restraining order against the plaintiffs preventing them from selling the properties or taking substantial loans against the properties. They must also deposit 40 percent of the total rent into a trust account for the sole purpose of making repairs and begin those corrections immediately. The four must appear March 11 in court to show they are making progress and learn what fines will be levied. They are liable up to $2,500 for each violation. If for any reason these conditions are not met, the four plaintiffs could be found in contempt of court, bringing with it either more fines or possible jail time.

Wilson said he hopes the suit draws attention to landlord responsibilities and prevents more deaths due to code violations.

"We brought this lawsuit because we feel that people should not have to live in these conditions," Wilson said.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.<