NLSLA and Morrison Foerster LLP Sue LA County and the City of Pasadena for Failing to Protect Fire-Displaced Tenants from Toxic Conditions Following the Eaton Fire
Los Angeles, CA — Today, Neighborhood Legal Services of Los Angeles County (NLSLA) and Morrison Foerster LLP announced the filing of lawsuits against the County of Los Angeles and the City of Pasadena for failing to meet their legal obligations to inspect and enforce habitability standards for tenants displaced by the Eaton Fire.
The lawsuits were filed by the Altadena Tenants Union, the Pasadena Tenants Union, and individual wildfire survivors. These tenants, like so many others across Altadena and Pasadena, evacuated their homes on January 7 after the Eaton Fire broke out, and returned to homes contaminated with toxic smoke, ash, and soot. Despite LA County and the City of Pasadena’s public acknowledgments of the serious dangers posed by the smoke, ash, and soot, these local governments offered tenants no assistance in enforcing their right to habitable units and ensuring necessary inspections and remediation occurred. Public health experts and researchers have confirmed the presence of dangerous levels of lead and other heavy metals in areas affected by the fire. But instead of carrying out inspections that would be the first step toward ensuring that hazards are appropriately addressed, both the County and the City have shirked their responsibilities, either not conducting inspections at all despite receiving complaints or conducting inadequate inspections that cannot identify the health risks and impacts of toxic soot smoke, and ash.
“These tenants came to us in desperation, and we kept hearing similar stories over and over again,” said Lena Silver, Director of Policy and Administrative Advocacy at NLSLA. “Many tenants have had nowhere to turn when landlords failed to do the right thing and remediate their homes. They were being forced to pay out of pocket for inspections to prove what we already know—the smoke and ash from the Eaton fire is highly toxic and, in many instances, requires professional remediation. Those unable to pay for testing or remediation have lost their rent-controlled units or become homeless, and some have returned to dangerous units at great risk to their health.”
The lawsuits outline the agencies’ legal obligations to investigate habitability complaints and enforce citations for toxic smoke, soot, and ash damage.
Brenda Lyon, one of the tenants named who filed the lawsuit against the City of Pasadena, described how her family was left behind. “Our duplex, which has been our home for seven years, was completely covered in toxic ash and soot. I was terrified to return, not only for my own sake but because I have a baby. I called every office in the City of Pasadena seeking help, and they responded that soot and ash damage is a civil matter, refusing to inspect. We ultimately had to pay for some remediation ourselves, at an exorbitant cost, and even then, the remediation was not complete. I should not have had to work so hard to get the City of Pasadena to help me in this time of crisis, and I hope this lawsuit shows them that they cannot leave tenants behind ever again. “
“Brenda’s story—and the stories of so many other tenants—illustrate a systemic failure that demands immediate action,” said Whitney O’Byrne, partner at Morrison Foerster. “The law requires the County and the City to take action when called upon to do so by vulnerable tenants facing unsafe housing conditions like those caused by the Eaton Fire. We’re proud to stand with NLSLA and these tenants to hold local governments accountable and ensure that basic habitability laws are enforced.”
The Altadena Tenants Union and the Pasadena Tenants Union, both parties to the lawsuit, began organizing in response to the lack of action from local authorities.
“This is why we exist,” said Katie Clark from the Altadena Tenants Union. “Tenants in Altadena deserve to live in safe, habitable homes – just like they did before the fires. We are calling on LA County to do their job, and to protect some of the most vulnerable populations in Altadena.”
“For years, we’ve fought to make Pasadena a place where tenants are treated with dignity and protected under the law,” said AJ Price, a representative for the Pasadena Tenants Union. “But after the Eaton Fire, the City turned its back on our most vulnerable residents. This lawsuit is about accountability—and about demanding the basic protections every renter deserves.”
Attorneys say they will continue to seek immediate relief for impacted tenants and a court order mandating that the County and City inspect, cite, and enforce repairs in all affected units.
