CLEVELAND — Dozens of tenants living at Cleveland's Residences at Shaker Square Apartments, who have been fighting for better living conditions, scored a victory in federal court, allowing their case to be heard in city housing court.
Long-time tenant Ronald James said he was pleased to hear that Northern Ohio District Judge Charles E. Fleming ruled to allow a civil nuisance law filed by the City of Cleveland against eight owners of the three Shaker Square apartment buildings can move forward.
James said the civil lawsuit could allow the city to appoint a receiver or separate entity to take control of the buildings and officiate needed repairs. The judge cited numerous issues at the buildings, including a lack of heat during the winter, broken elevators, inoperable fire safety equipment and more.
“We continually have problems with water leaking and people’s ceilings falling down; the main elevator hasn’t worked since February," James said. "It was unprecedented, it would pave the way for a receiver to be appointed to take over the management of this building, and that will be the first time it’s been done in the City of Cleveland.”
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Former Cleveland City Council President, and Morelands Group neighborhood organization leader, Jay Westbrook told News 5 he is pleased the case will now be heard in Cleveland Housing Court, forcing New York ownership of the properties to address numerous code violations at the complex.
“The city is using a very, very powerful tool; it’s a civil action called the civil nuisance claim," Westbrook said. “Tenancy in this building is between 15 and 20 years, so these are solid people; they’ve invested in this property, but rent goes up, and services go down, so essentially, the city is saying pack up and get out of town.”
News 5 made multiple phone calls to apartment building ownership to get its response to the federal court ruling, but we're still waiting for a response.
Meanwhile, Shaker Square tenants like Vickie Prokesh, John Cayson and Anderson Waldon are hoping the legal action taken by the City of Cleveland will get them the building repairs they believe they deserve.
“It’s a situation where we’re caught in a cycle, and I think they’re used to winning on this cycle, but I think that Cleveland is trying to set a precedent that you’re not going to win," Waldon said. "You can get on the wheel if you want to, but you’re not going to win, and I’m encouraged by that; I’m very happy.”
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