November 3, 2025 – Today, three residents of Upsal Garden, a 144-unit sprawling, aging apartment complex in Mt. Airy, filed a class action lawsuit against the property owners and Real Properties, a company that manages twenty properties across Pennsylvania, New Jersey, and Florida, including approximately 1,000 rental units in Philadelphia.

In August, the Philadelphia Department of Licenses and Inspections (L&I) declared Upsal Garden an “unsafe structure” that posed “immediate danger or hazard to health safety and welfare” due to dangerous conditions, including a deteriorated foundation, fractured exterior masonry walls, and deteriorated interior floor joists. The violation notice directed the defendants to obtain a make-safe permit and the services of a licensed professional engineer to restore the structure’s safety. In the two plus months since that notice, the landlord has failed to make the property safe, not even taking the preliminary step of obtaining the required permit, while continuing to unlawfully demand and collect rent.

The plaintiffs are represented by the Public Interest Law Center, Face to Face, and Youman & Caputo.

One of the named plaintiffs, William Scott, is a U.S. military veteran and member of Renters United Philadelphia who has been active in the fight for legislative protections for negligent landlords who leave properties in disrepair. At Upsal Garden, his home since 2019, Mr. Scott has dealt with a number of serious problems in his apartment, including a collapsed bathroom ceiling, recurring leaks, mold growth, and deterioration of the walls, ceilings, and floors throughout his unit. Geraldine Brown and Carl Williams, the other named plaintiffs in the case, face similar conditions in their apartments.

“Tenants deserve respect, accountability, and the basic right to live in healthy conditions,” said plaintiff William Scott. “From City Hall to the courtroom, I’m speaking up not just for myself, but for every renter who’s been ignored or silenced. We all deserve safe, healthy homes, and I hope this case helps bring the change we have been fighting for.”

“It’s hard to sleep at night after you see a declaration from L&I that the property is unsafe and that the building may need to be vacated or demolished if the violations are not corrected,” said the Upsal Gardens Tenants Council. “We just want real accountability and the conditions fixed. Everyone should get to live with dignity, and we won’t stop until that’s the reality for all residents here.”

Philadelphia law prohibits a landlord from collecting rent if the landlord fails to correct a serious L&I violation within 30 days. The plaintiffs here allege that their landlord has continued to charge, demand, and collect rent, even as the building remained in unsafe status. With this lawsuit, on behalf of the proposed class of tenants, plaintiffs are seeking a refund of illegally collected rent and late fees, a court order enforcing Philadelphia law, and injunctive relief requiring that the defendants make Upsal Garden safe.

“Philadelphia law is clear. If a landlord wants to do business in Philadelphia, their buildings must be safe,” said Sari Bernstein, Senior Attorney at the Law Center. “And landlords who do not address unsafe code violations will face consequences.”

“We commend these tenants for stepping up on behalf of their neighbors and look forward to helping them ensure full compliance with the law,” said John T. Crutchlow of Youman & Caputo LLC.