Alleged Prioritization of Non-paying Tenant Evictions Over Safety Evaluations

This case study explores a situation where an individual was assaulted in their apartment complex following a change of ownership, with the new owners allegedly prioritizing eviction of non-paying tenants over safety evaluations.

ByZach Barreto

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Published on February 8, 2024

Apartment building exterior

Case Overview

This case study delves into an incident involving an individual who was assaulted within their apartment complex. The residential community, accommodating between 500-1000 residents and situated in a high-crime area, had recently transitioned to new ownership.

The new real estate company is alleged to have prioritized evicting tenants with overdue rent without conducting necessary assessments of other critical aspects such as security, health, and safety conditions within the community. An expert in property management has been called upon to review the case.

Questions to the Property Management expert and their responses

Q1

Could you briefly describe your experience in property management or real estate as it pertains to change-of-ownership policies and procedures?

I bring over 35 years of experience as a residential property manager, backed by four certifications from the Institute of Real Estate Management (IREM). Over the past decade, I've worked on premises liability cases similar to this one, handling over a hundred cases across twenty states and the District of Columbia.

Q2

As a property manager or owner taking over a new apartment community, what initial steps are typically taken to evaluate the safety and livability of the community?

Upon acquiring a new property, managers should prioritize resident safety above all else. This involves conducting thorough inspections using risk management principles to identify, assess, and rectify potential issues.

Managers should also familiarize themselves with neighboring properties and local crime trends by liaising with local law enforcement agencies. While non-paying residents are indeed a concern, the overall well-being of the entire community should be paramount.

Q3

Have you ever reviewed a similar case? If yes, could you please elaborate?

Yes, I have reviewed similar cases involving premises liability. In these instances, my role involved providing professional opinions based on my extensive knowledge and experience in residential property management.

About the expert

This expert boasts over 35 years of experience in both residential and commercial property management, with a focus on private residential, commercial, and industrial properties throughout the Northeast. They hold multiple certifications including property manager, residential manager, and commercial manager, as well as an OSHA 30-Hour General Industry Safety and Health Certification. Their extensive background includes federal property management roles with prominent organizations such as the Federal Deposit Insurance Corporation and the United States Department of Justice, further enhancing their expertise in this field.

Expert headshot

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Specialties:

About the author

Zach Barreto

Zach Barreto

Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, defective products, and many other sectors. His skills are particularly evident in handling complex litigation matters, including high-profile cases like the Opioids litigation, NFL Concussion Litigation, California Wildfires, 3M earplugs, Elmiron, Transvaginal Mesh, NFL Concussion Litigation, Roundup, Camp Lejeune, Hernia Mesh, IVC filters, Paraquat, Paragard, Talcum Powder, Zantac, and many others.

Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.

At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ.

Educationally, Zach holds a Bachelor's degree in Political Science and European History from Vanderbilt University.

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