Jury awards millions to Glendale tenants for violations of state’s habitability law

Mint Urban Infinity apartments in Glendale

A Denver jury has awarded upwards of $13 million to tenants of a Glendale apartment, in what attorneys call a landmark case to enforce Colorado’s rental habitability law after what were described as monumental infractions by landlords.

Advertising for Mint Urban Infinity apartments at 1251 S. Bellaire Street describes its offerings as “the best of Glendale living — just outside the bustle of the city” with “upscale comforts (to) make you proud to call our apartments home.”

In reality, the abode has been a cockroach-infested slum property, with feces-ridden hallways, broken appliances, and where residents are routinely trapped inside dilapidated elevators at one of the highest incident rates in the city, according to tenants’ attorneys.

“Colorado’s warranty of habitability law applies to every property in the state, and I hope this sends a message to every landlord that if they interfere with tenants’ basic safety they will face consequences,” attorney Ben DeGolia told The Denver Gazette.

The four-year-old case, described by attorneys as Colorado’s first class action lawsuit on behalf of the state’s Warranty of Habitability law, represents some 2,500 current and former tenants of the apartment’s 561 units, over a 44-month period.

Among the conditions that triggered the lawsuit, according to attorneys, were pest infestations, broken heating and air conditioning equipment, and broken exterior doors and locks that allowed the building to become habitually invaded by non-tenants who used it for overnighting and toilet use.

Defendants in the Denver District Court case were property managers Cardinal Group, Glendale Properties 1, LLC, and Glendale Properties 2, LLC. DeGolia said that the building’s current ownership group was involved in defending the case on behalf of managers.

“Mint Urban Infinity’s owner knew about these conditions when they bought the property,” DeGolia told The Denver Gazette. The ownership’s actions over the period, he added, reflected a conscious decision not to replace the air conditioning, the roofing, flooring and appliances.

DeGolia added that testimony during the eight-day trial included that of onsite managers who described the disrepair and other ongoing issues experienced by tenants.

Formal plaintiffs in the decision handed down Thursday included former tenants Brandon Smith, Lynette Rhodes, Shivani Mohan, and Raylene Keely.

DeGolia noted that the case was brought in concert with Woodrow & Peluso, LLC, with assistance from the Justice for the People Legal Center, a Colorado nonprofit that partners with organizations involved in affordable housing and combating homelessness.

DeGolia said the dollar value of the award was represented in part by $200 in damages assessed per unit per month over a period from 2018 to 2022, along with a rent abatement reduction of 31% for every tenant involved in the action.

Property managers at Cardinal Group in Glendale did not immediately respond to a query by The Denver Gazette for comment in the decision.

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