In San Diego, criminal charges were filed against a a La Jolla couple accused of maintaining dangerous, substandard living conditions at a Mid- City apartment complex they own. This was announced by the City Attorney’s Office earlier this week. John and Mahin Nobe, who currently face 10 criminal charges, are repeat offenders who have been previously prosecuted for similar violations and for leasing to illegal marijuana dispensaries. Amongst the charges are misdemeanor charges of providing inadequate heating and improper wiring as well as permitting an infestation of vermin and visible mold growth on their property.
Prosecutors allege that the couple’s Rex Avenue apartment complex in Mid-City was leased in July, August, and September to seven Congolese refugee families with young children. The apartments were rented for up to $2,250 a month. The families complained about the substandard conditions, but their requests were ignored. A city inspector with the Code Enforcement Division of the Development Services Department found numerous violations, including mold, rodent and roach infestation, inadequate heating, inadequate sanitation, improper electrical connections and a lack of proper fire exits and fire extinguishers. It is also reported that the inspector found junk outside the building. The apartments were also illegally converted from two-bedroom apartments into three or four-bedroom units.
The City Attorney’s Office, Administrative Law Judge Michael Scarlett ruled in an administrative ruling that the property was substandard under city and state codes and considered a public nuisance earlier this month. The judge ordered the couple to reimburse the city of San Diego $34,278 in relocation benefit payments advanced by the city to the seven families. They were also assessed a civil liability of $10,000 for their failure to pay relocation benefit payments directly to their tenants. They were also ordered to reimburse the city for the $6,845 in investigation costs.
Criminal Liability on Landlords
California Law requires landords to ensure that certain conditions are met to make the living space habitable and safe for tenants. These conditions ensure proper electric, gas, and plumbing utilities as well as getting rid of fire hazards. Landlords are also legally obligated to secure the premises in order to prevent foreseeable criminal acts in the area, such as robberies or thefts. This means locks and appropriate security.
Lastly, S.B. 655, which was signed into law by Governor Jerry Brown in 2015, makes it a misdemeanor for a landlord to fail to provide things such as inadequate heating or failing to remediate a mold problem. Continue reading