By Billie-Marie Morrison, Esq.
Most Americans have heard of the January 9th Bronx apartment fire that killed 15 and left hundreds more without a place to call home. Cramped cities of millions aren’t the only place where deadly fires rage.
In less than two (2) weeks since the tragedy in the Bronx, several fires have engulfed homes in cities across the country. The tragedies keep mounting.
As climate change progresses, experts suggest that storms will become more frequent and more intense, including desert wind storms. Fluctuating temperatures and extreme heat and cold often cause damage to heating and cooling units, pipes, and electrical facilities.
Unfortunately, some landlords are ignoring the threat, neglecting their properties, and failing to inspect and repair broken items, including smoke and carbon detector monitors and building sprinkler systems.
A common cause of fires due to broken heaters is a space heater or overuse of an oven to keep the living area warm. Another problem is broken stoves causing people to use propane for cooking or heating.
According to the National Fire Protection Association, on average there are 95,000 apartment fires in the United States. While not all apartment fires are due to negligence, some do stem from the owner/landlord’s failure to keep up with a building’s electrical maintenance or provide adequate hearing or fire safety equipment in the building.
Owners have an obligation to keep their properties safe. If they create an unsafe environment by failing to take care of important maintenance, the tenant may exercise their legal rights and withhold rent until repairs are made once the owner and/or management company are put on notice of the unsafe environment.
Depending on the circumstances, you may be able to take additional legal action against the owner and/or property management company, and possibly the Home Owners Association.
No matter where you live, you have the right to a safe home. For those living in apartment buildings, that means a building with regularly inspected fire extinguishers on the property, along with other State and County mandated items, including: electrical wiring, accessible fire escapes, and smoke/carbon monoxide detectors in each apartment unit.
One important tip is to know if your renters’ or homeowners’ insurance policy covers fires, which types of fires, the amount covered, and what you need to do and know before and after a fire.
If you or someone you know lives in a rented property that is being negligently maintained or has been damaged as the result of a fire, please call or email Billie-Marie for a free consultation at 702-380-2800 or bmorrison@cpklaw.com.
