LAWSUIT FILED AGAINST ROSELAND PROPERTIES IN NEW JERSEY ALLEGING DANGEROUS AND UNHEALTY LIVING CONDITION CREATED BY A MICE INFESTED APARTMENT
A lawsuit was filed in the Superior Court of New Jersey, Hudson County, Docket No. HUD 3866-18, against Roseland Residential Trust, doing business as Half Moon Harbor, located at 7912 River Road, North Bergen, New Jersey.
Some of the allegations contained in the Lawsuit are as follows:
- Plaintiffs resided in a three (3) bedroom apartment in the Half Moon Harbor Building.
- The monthly rent for the apartment was approximately $3400.
- One of the plaintiffs was pregnant at the time.
- Plaintiff began noticing mice coming into the apartment from the laundry room of the apartment, and complained to Half Moon Harbor’s management, which simply had the apartment sprayed.
- However, the mice kept coming into the apartment from the laundry room.
- Over the course of several months, multiple complaints were made to Roseland Properties that mice kept on coming into the apartment from the laundry area.
- Mice were seen in almost every room of the apartment.
- At various times, the plaintiffs caught several mice and used a broom to destroy them in every single room in the apartment, including the laundry room, two closets, the three bedrooms, the living room and the kitchen.
- It is estimate that over six mice were caught and destroyed, and over six others were seen in the apartment and laundry area and ran away.
- In addition to the mice infesting the entire apartment, the mice were seen entering into a hand- held vacuum and in every burner in the stove in the kitchen and in the garbage can in one of the bedrooms.
- Attached to the complaint was a video of one of the mice found in the living room of the apartment still alive, along with mice droppings around the mice. See, Exhibit A (Video).
- Another video shows a dead mouse in a hand-held vacuum. See, Exhibit B (Video).
- Another video shows mice droppings in the living room and in the laundry room. See, Exhibit C (video).
- Another video shows mice droppings found in one of the bedrooms. See, Exhibit D (video).
- Attached to the complaint were also photos were depicting steel wool affixed to every opening in the kitchen stove. See, Exhibit E (photos).
- The plaintiffs also attempted to seal all of the openings in the apartment on their own by purchasing over-the-counter sealants. However, the mice kept eating through the sealants and coming into the apartment.
- For approximately two or more months, at various times, plaintiffs could not cook or eat anything from the kitchen stove.
- For several months, plaintiffs could not sleep or function in the apartment in a peaceful and habitable manner.
- During this entire time, the plaintiff was pregnant, and experienced heighted anxiety and emotional distress almost each night, as she could not sleep adequately and comfortably due to the mice infestation.
- Plaintiffs could not sleep or function in a reasonably healthy manner would wake up at all hours of the night at the sounds of mice crawling in the apartment.
- The plaintiffs were too embarrassed to invite any one over to the apartment, including family and friends because of the mice infestation.
- During a period exceeding six months, plaintiffs had to throw away food because of the mice.
- Plaintiffs supplied Roseland Properties with many photos and the videos of the mice and mice dropping.
- However, Roseland ignored the serious hazard conditions of the apartment, and instead had the apartment sprayed in an attempt to make it appear that something was being done about the mice infestation, but in practice were simply cosmetic.
- Roseland Properties knew of the health hazard and dangerous condition of the apartment, but instead of solving the problem by blocking all openings of the apartment by building new walls to prevent the entry of the mice, which would entail them to expend money, they simply had the apartment sprayed by an exterminator knowing that such cosmetic application would not result in a habitable living condition for the plaintiffs.
- Roseland Properties failed to offer an alternative apartment and/or other living arrangement.
- Roseland ignored treats of vacating the apartment and terminating the lease early, as they could and did re-rent the apartment for a substantially higher price.
- Upon information and belief, other tenants at the Half Moon Harbor building complained about mice infestation in the building. However, Roseland kept this problem hidden from the general public and especially other tenants and potential tenants.
- Plaintiff then sent a letter to Roseland Management that as result of the mice infestation in the apartment, the plaintiffs will be vacating the apartment.
- In a letter response from Roseland’s Attorney, Jennifer L. Alexander, Esq., of Griffin Alexander, PC., which can be only described as a callous and deliberate indifference to the hazardous condition permitted by Roseland, and callous/deliberate indifference to the fact that a new born baby was going to reside at the apartment, Roseland sought money from the plaintiff for being forced to vacate the apartment due to mice investigation.
- The lawsuit alleges claims of violation of the Consumer Fraud Act, warranty of habitability, private nuisance, negligence, infliction of emotional distress, and violation of duty of good faith.
If you are a victim of any type of hazardous condition created by Roseland, including rodents or mice infestation in any apartment owned or managed by Roseland Properties, don’t hesitate to call us.