By Dennis M. Geier, Esq. and Jared M. Placitella, Esq.

A landmark class action settlement for the benefit of the low-income residents of an 80-unit federally subsidized building complex in Newark, which provides cash rental rebates and substantial renovations, was recently given final approval by Judge Keith Lynott in Essex County.

The settlement in the case of Yanira Cortes et al v. Pueblo City Housing Company provides a new pathway for addressing substandard housing prevalent in low-income housing throughout New Jersey, by using class action complaints as a harbinger of change.

The case originated with the eviction proceeding against Yanira Cortes, a single mother with four young children, for withholding rent due to the condition of her apartment.  Ms. Cortes had several videos and pictures of rats, insects and mold throughout the apartment she shared with her children.

Christopher M. Placitella, Esq. and  Dennis M. Geier, Esq. of Cohen Placitella & Roth, P.C., represented Ms. Cortes pro bono in her eviction proceeding. 

Prior to the filing of the lawsuit, the landlord’s  buildings were inspected by federal and state agencies  and received poor grades. Despite failing inspections, the government continued to pay the landlord’s market-rate rent for the apartments.  At the same time, if a tenant withheld their share of the rent due to the condition of the apartment, eviction proceedings, like the one Ms. Cortes faced, were initiated by the landlord. 

Shortly after the hearing in landlord tenant court, a class action lawsuit was filed against the landlord and management company to help Yanira Cortes and all the residents of the apartment complex. Ms. Cortes was named as the class representative plaintiff in the matter. Just a few months after filing the complaint, the Seton Hall Law School Center for Social Justice, Professor Kevin Kelly and the students of the law clinic joined the case as Plaintiffs’ co-counsel in the matter.

Originally, the class action named the landlord and property manager of the Pueblo City apartment complex.  However, during the course of the litigation, the original landlord sold the entire complex to a new owner and property manager. The new property manager was brought into the litigation as a defendant. 

Litigation occurred over four years and included reams of paper discovery, multiple depositions, and repeated motion practice. When the plaintiffs were on the verge of moving for class certification, the parties agreed to attend mediation.

After many rounds of virtual mediation, the case settled with the help of a mediator, retired Superior Court Judge Michael R. Casale, who donated his time to help resolve the matter. The settlement with the original landlord provides for the residents of the apartment complex during the relevant time period with a cash rent rebate. The settlement agreement with the new owner and property manager provides for an expedited renovation schedule of the entire apartment complex (five apartment buildings), which is on schedule to be completed later this year. While the renovations are occurring, the new owner and property manager have agreed not to evict anyone alleging habitability issues with their apartment.

Judge Keith Lynott, who presided over the matter expressed his “great admiration for plaintiff's counsel for their willingness to advocate … on a pro bono basis.” 

In addition to successfully resolving the claims for the plaintiffs with cash and equitable relief, numerous law students at the clinic at Seton Hall Law School received real hands-on litigation experience by attending depositions, helping to write briefs, and drafting discovery. Most importantly, the students saw the value of working pro bono to effectuate change and that litigation can be a catalyst for change.

Dennis M. Geier, Esq. is an associate at Cohen, Placitella & Roth P.C. in Red Bank, New Jersey who focuses his practice on asbestos, talc and mass torts.  He can be reached at dgeier@cprlaw.com or at 732-747-9003.

Jared M.  Placitella, Esq. is the Parliamentarian of NJAJ and an attorney with Cohen, Placitella & Roth, P.C.  in Red Bank and Philadelphia.  His  practice focuses on protecting the rights of the wrongly injured in mass tort, products liability, class action and personal injury cases. He can be reached at jmplacitella@cprlaw.com or at 732-747-9003.