A BLACK woman who alleges she was harassed and threatened by a fellow tenant in a Carmel triplex has filed a lawsuit against the building’s owner, realtor and others alleging discrimination, fraud, negligence and a host of other charges.

In a lawsuit filed Nov. 15, Alexia Jones said that shortly after moving into the triplex on Santa Fe Street in April 2010, another tenant began “making discriminatory remarks toward African-Americans,” and “abused and physically threatened” her. But rather than suing the unnamed neighbor — referred to in the lawsuit as the “other tenant” — Jones is suing everyone associated with the building, including the owner, alleging they were aware of the other tenant’s behavior and failed to stop it.

“Defendants created a hostile, discriminatory and harassing housing environment,” according to Jones’ 24-page lawsuit filed in Monterey County Superior Court.

Jones is suing the building’s owner, Katherine Congdon, and its former managers, Jerry Warner and Patrick Baker, and the company they worked for, Carmel Rentals.

Jones claims Carmel Rentals “suppressed” information about the other tenant’s history of harassing and abusing other tenants in the triplex. Warner declined to comment since he hadn’t yet been served with the suit.

Jones also claims that when she moved into the $1,400-per-month apartment, she noticed “defective conditions” and notified the landlord. But, she said, her requests were either ignored or “were not responded to adequately or in a timely manner,” forcing her to “make repairs herself.”

Jones alleges the apartment was not habitable and posed dangerous conditions including broken pipes, flooding, rat and flea infestation, toxic mold, lack of heat and hot water and “lack of water supply.”

Jones said she told Carmel Rentals of the conditions but that they failed to correct the problems while continuing to collect her monthly rent payments.

In October 2011, at Jones’ behest, an inspector with the Monterey County Health Department inspected the apartment and later cited Congdon with a compliance order for several building and municipal code violations, according to the lawsuit.

After Jones’ complaints to the health department, Congdon tried to evict Jones in December 2011, saying she hadn’t paid rent. Congdon couldn’t be reached for comment.

In February of this year, while Jones said she was being treated in the hospital, Congdon changed the locks to her apartment, and discarded and/or damaged her possessions, forcibly evicting her, which Jones alleges was “retaliatory eviction,” according to the suit.

Jones also contends her eviction was based on her race and “disability,” which she describes in the suit as hypokalemic periodic paralysis, a condition that “causes her to become temporarily paralytic while still conscious.”

Besides suffering damages including medical expenses, damage and loss of personal property, moving and storage costs, Jones claims she suffered grief, humiliation and embarrassment. She is also seeking punitive damages, claiming some of the defendants are guilty of “oppression and malice.”

Photo objection

Jones also alleges invasion of privacy and public disclosure of private facts against Alain Pinel Realtors and two of its agents, Jamal Noorzoy and Greg Albertson.
Alain Pinel, which had contracted with Congdon to sell the triplex, took pictures of Jones’ personal photographs, family heirlooms and “intimate personal items” and posted them on a website to show the building to prospective buyers.

While Jones claims she gave Alain Pinel permission to take pictures of the apartment, she requested photos of her personal items not be posted on the website. Jones said she made requests to have the photos removed, but they remained on the Internet five months later. As a result, Jones said she sustained “severe mental pain and suffering.”

Alain Pinel owner Judy Profeta said she hasn’t been served with the lawsuit, but told The Pine Cone “when we list properties, we always take a photo of the interior for marketing purposes.”

The case is set for an April 2013 case management conference.