West Oak Lane tenants say their landlord illegally collected rent for months. Now they’re suing

Have a question about Philly’s neighborhoods or the systems that shape them? PlanPhilly reporters want to hear from you! Ask us a question or send us a story idea you think we should cover.

Odin Properties, one of Philadelphia’s largest landlords, faces a class-action lawsuit over allegations the company illegally collected rent at Bentley Manor, a 71-unit apartment building largely home to working-class residents.

The suit, filed last week in Common Pleas Court, alleges that Odin demanded and collected rent from its tenants for months despite the West Oak Lane property being designated an “unsafe structure” by the city’s Department of Licenses and Inspections. The dangerous conditions included “loose and missing bricks” and a “leaning parapet” on the roof.

City and state law requires landlords to keep their properties safe and habitable. In Philadelphia, violators are barred from collecting rent until the property is compliant.

“The law says that landlords are required to maintain the fitness and habitability of the property, and if they don’t then they wouldn’t be able to collect rent. And here you have an official city agency certifying the hazards are extremely dangerous,” said Madison Gray, a staff attorney at the Public Interest Law Center, which filed the complaint on behalf of tenants.

The city deemed Bentley Manor unsafe in November, giving Odin 30 days to make the repairs and avoid falling out of compliance with the city’s rental code. According to the complaint, the company did not appeal the notice and failed to meet the deadline, forfeiting its ability to collect rent from tenants.

But over the next four months, the suit alleges illegally collected rent while the building continued to have an unsafe status, leading tenants to take the unusual step of filing a class-action lawsuit against their landlord.

Tenants are asking Odin to make any necessary repairs and for the company to return any unlawfully paid rent. More broadly, there’s hope the suit educates other renters about their rights and the penalties landlords can face when they violate the law, Gray said.

“I think a lot of tenants understand that intuitively, and so we’re hoping this lawsuit can help people understand how the procedure will actually play out when landlords fail to make their repairs,” she added.

In addition to Odin Properties, the suit names as defendants Fernrock Apartments 2 LP, the owner of Bentley Manor, and Fernrock Apartments 2 LLC. Both of those entities are believed to be controlled directly or indirectly by Odin CEO Philip Balderston, according to the complaint.

In a statement, Balderston appeared to push back on the suit’s claims.

“We care deeply about our residents and take tremendous pride in our relationships with them, so we take any allegations to the contrary very seriously. We are carefully considering the allegations of the recent complaint and plan to respond appropriately,” said Balderston, whose company owns and manages at least 1,500 apartments in Philadelphia.

As the legal process begins, tenants continue to contend with other building condition issues, including mold, periodic electricity outages and exterior doors that don’t lock or latch.

Dawn Colbourne, one of the complaint’s lead plaintiffs, said strangers can come in and out of the building at will and have stolen packages, making her feel unsafe. She said she has also contended with leaking around her windows, flooding in her living room and a broken stove.

Colbourne, who is disabled and lives on a fixed income, said she doesn’t want to leave her subsidized apartment — her first since moving back to Philadelphia in 2019. She just wants Odin to take accountability and repair the building so she and her neighbors can live comfortably.

“I want my piece of heaven to be my piece of heaven,” Colbourne said in an interview.

It is unclear when or if Odin plans on making any repairs detailed in the complaint. City records show, however, that the company was issued a commercial building permit March 8.

A building permit is required to make structural repairs to a property.

This is not the first time tenants have targeted Odin Properties over living conditions at properties owned and managed by the company.

In June, members of Renters United Philadelphia held a protest to call on Odin to make urgent repairs at other affordable apartment buildings in its portfolio, including faulty ceilings, plumbing and heating issues, infestations and leaks.

The rally came after tenants at Odin’s properties sent the company a petition demanding it freeze rents and evictions at all of its properties until repairs were made, among other requests.