A Colorado class-action lawsuit is putting a spotlight on what tenants describe as unlivable conditions, including a cockroach infestation, sewage leaks, eviction threats, and unexpected fees layered onto already expensive housing.
For families living at one of Carbondale's relatively affordable apartment complexes, the case has implications that extend well beyond the property.
What happened?
Former tenants say unsafe conditions went unresolved for years at The Homestead, made up of 58 units.
Aspen Public Radio reported that two former residents filed suit July 13 against Carbonfield Investment Group, the property's owner, which is controlled by Denver-based Elkco Properties.
Their complaint alleges a complex-wide cockroach infestation that was worsened by plumbing and sewage leaks.
"I've worked on many cases involving pest infestations, and this is by far the worst cockroach infestation I've seen in my career," Denver-based tenants' rights attorney Benjamin DeGolia, who represents the former residents, told Aspen Public Radio.
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Former tenant Sammy Rodrigo told the outlet that she began finding roaches throughout her apartment after moving in in September 2022.
"I would find roaches in every room: the bathroom, kitchen, bedroom. … They were in our bed, on our plates in the cabinet, in the shower, in our pantry food, in the fridge — it was horrible," she said, per Aspen Public Radio.
Elkco Properties founder and president Stephen F. Elken disputed the allegations in a statement, telling the outlet: "We have no comment on the pending litigation, which is groundless. Our legal counsel will be responding to this frivolous lawsuit in court filings."
Why does it matter?
DeGolia told Aspen Public Radio that The Homestead was "one of few multifamily apartment complexes in Carbondale where a family can rent a unit for less than $2,000 a month."
This financial pressure can leave people stuck when conditions are unacceptable.
Tenants also accused the landlord of adding utility and insurance charges they say were not clearly disclosed before move-in, referring to them in the lawsuit as "hidden junk fees," per Aspen Public Radio. Those added costs can make rent that appears manageable much harder to afford in practice.
Aspen Public Radio reported that DeGolia estimated more than 200 current and former tenants could be eligible to recover some of or all the rent they paid, depending on how long they lived at the property. He said the legal team plans to seek class certification and ask a jury for rent abatement.
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