Three years ago, the city of Atlanta faced a challenging task when it evacuated around 200 low-income families from the condemned Forest Cove Apartments. This notorious complex had long been a source of concern before it was bulldozed soon after the evacuation, yet the struggle for accountability is far from over.
Many of the displaced tenants are keeping hope alive, seeking to hold their former landlord, Millennia Housing Management, responsible for years of negligence in maintaining the apartments. These families experienced deplorable conditions that included mold, mildew, pests, and various safety hazards.
In a recent press conference in October 2023, Atlanta Mayor Andre Dickens, alongside prominent civil rights attorney Ben Crump, announced plans to file a class action lawsuit against Millennia. The litigation aims to obtain justice and compensation for the hundreds of tenants who suffered during their time living at Forest Cove.
Despite the promise of action, nearly two years have passed with no class action yet filed. Crump reassured a gathering of former Forest Cove residents at the Thomasville Recreation Center that a substantial case is developing, but they need the residents’ involvement to build it.
Crump attribute the delay to multiple individual personal injury lawsuits that former tenants have pursued against Millennia in various states, many of which have faced dismissal in courts.
The allegations made against Millennia include harm from unmitigated mold, injuries from rat bites, and accidents due to unsafe structural conditions leading to slips and falls. However, judges in states such as Arkansas and Mississippi have ruled against the tenants in these claims.
Recognizing the need for a different strategy, Crump announced a shift in approach for the class action. Rather than focusing on bodily harm, he intends to emphasize breach of contract and fraud claims.
Crump articulates that the firm grounds for their case will hinge on breach of contract, unjust enrichment, and fraudulent misrepresentation. He believes that Millennia has violated its obligations under the Section 8 contract with the US Department of Housing and Urban Development (HUD) as well as the individual leases of the tenants.
As per Crump, Millennia’s failure to uphold these agreements is clear, and he believes that a judge should not dismiss their claims. “Millennia was obligated to provide livable housing at Forest Cove,” Crump stated, pointingly addressing the core of their legal argument.
Millennia did not respond to inquiries regarding the lawsuit, deepening the concern among former tenants seeking justice.
The potential implications of the lawsuit could be profound. If Crump’s legal team successfully proves that Millennia breached its Section 8 contract with HUD and violated tenants’ leases, it could lead to significant compensation for the former residents of Forest Cove.
Attorney Quinton Washington, working alongside Crump, emphasized the importance of gathering testimonies from former tenants during their recent meeting. They aim to document the residents’ experiences, particularly regarding maintenance requests and living conditions within the apartments.
Washington remarked, “What happens when I call to get anything repaired? What if there’s a hole in my floor and I fall through it?” The aim is to illustrate a pattern of behavior from Millennia in treating residents in low-income housing in Atlanta.
Sue-Ann Robinson, another attorney affiliated with Crump’s firm, noted that the information gathered could establish a broader pattern of neglect by Millennia, indicating a consistent approach to managing their low-income properties.
Crump further suggested the possibility of pursuing criminal charges against Millennia under Georgia’s Racketeer Influenced and Corrupt Organizations Act (RICO). Originally designed to tackle organized crime, RICO has evolved in its application and could be employed to uncover criminal patterns related to Millennia’s management practices.
Washington underscored the importance of proving fraud in the context of rent collected. If Millennia receives equivalent rental income as other better-managed complexes while providing substandard living conditions, it could constitute fraudulent misrepresentation.
The question remains as to which public prosecutor might take on a potential RICO case against Millennia. Responsibility would fall to the appropriate jurisdiction, be it federal prosecutors or state-level authorities such as the Fulton County District Attorney’s Office or the Georgia Attorney General.
Mayor Dickens’ top policy advisor, Courtney English, expressed that the mismanagement by Millennia demands both civil and criminal investigation. English remarked that the idea of pursuing RICO charges seems worthwhile considering the company’s past actions.
“Millennia has showcased a pattern of ignoring the well-being of their residents while still collecting government funds,” English stated, reiterating the urgency for accountability in this drawn-out struggle.
As the former residents await the next steps, their collective hope for justice and reparations remains firmly anchored in the attempts to hold Millennia accountable for the myriad harms suffered during their time at Forest Cove.
image source from：atlantaciviccircle
