Memphis Landlord Blindsides Tenants

Here is an article dealing with an issue I see virtually every day – Apartment managers hiding the amount of crime taking place on their property:

Man and Woman Abducted from Memphis Apartment Complex-Raped and Shot by Assailant

I helped a fantastic young woman out not too long ago who was brutally attacked in the foyer of her apartment building.  As she was entering the main door to the building, she was jumped from behind, forced into the common area of the building and raped. The complex itself had questionable parking and security practices and I attempted to exploit those shortfalls in litigation.  Even worse was the practice the management company repeatedly engaged in after a crime occurred – The letter that the apartment manager sent out the day after this young woman’s rape to “warn the tenants” of the situation was immoral.

Paraphrasing, the letter said a “loiterer” had been in the area and tenants needed to be aware and call the police if they saw anything suspicious.  The letter went on to give a description that could have fit virtually any teenage male under 6 foot and over 5 and a half feet tall.  The letter mentioned absolutely nothing of the rape at all!

During the apartment manager’s deposition, she testified that the letter was meant “to provide information only” and to encourage the tenants to be more vigilant for their own safety.  When asked if she thought they might be more vigilant if they knew a woman had been raped, she hesitantly conceded  ”yes.”  The only reason they wrote the letter that way was to keep up the false appearance of a safe complex – to the absolute detriment of the other tenants.

One other interesting part of this case was an initial rough draft of the  letter.  The lawyers for the complex sent me a copy of a letter that said “someone had been sexually assaulted the previous night.”  What they didn’t know was I had already received a copy of the actual letter that had been sent out – my client’s mother collected it when she went to pick up her daughter’s belongings.  The letter she received only mentioned a “loiterer” and made no mention of a “sexual assault” of any kind.

I challenged the apartment manager to explain why the letter her lawyers gave me mentioned the “sexual assault” and the one my client and the other tenants received only described a “loiterer.”  She and her lawyer, red-faced, said the upper management made her take the “sexual assault” part of the letter out. This behavior is abhorrent, but far too common in big apartment complex management.

We identified a witness during the case, a concerned single female tenant who took the time to question management about what she thought was the “loiterer.”  She went to the apartment manager, asked why a letter had been sent out about a “loiterer” and asked if she might be in danger.  The apartment manager told her to relax and that the “loiterer” had been caught. Again, no mention that the “loiterer” was actually a “rapist.”  NO ONE had been captured – loiterer or rapist.  She flat-out lied. When I told this tenant the TRUTH about the crime, she was so shaken up, she couldn’t speak for several moments.  She felt absolutely betrayed.  She actually asked for information to better prepare for her own safety and was given information that would make most people relax and complacent when she should have been even more vigilant than ever before.  I heard she moved out not long after she learned about the rape.

Knowledge is mandatory.  Landlords hold the information and refuse to pass it on.  They make a judgment that affects their tenants’ safety.  To withhold the information is wrong, to lie about it is immoral.

My firm helps victims of violent crime like the tenants at the Stratum Apartments on Highland Avenue in Memphis.

The tenants of the Stratum Apartments in Memphis should be up in arms and demanding answers.  They should demand their complex provide full and fair disclosure of criminal incidents.  The victims of the horrific crime the landlords described as “harassment” should not only seek justice from their assailants, but from their landlords as well.

crime-victim-lawyers.com

Be vigilant and have a safe 2009.

Joe Taylor

Gloversville Rape-A Tenant’s Worst Fear

This is a horrible case of a woman raped in her apartment in Gloversville, New York by a man named Johnathon Rivera:

http://www.dailygazette.com/news/2008/dec/29/1129_rape/

Apartment rapes are so frightening because it involves a complete loss of control, free will and the utter invasion of the sanctity of our homes.  As an advocate for victim’s rights, and as a lawyer who has tried to help dozens, if not hundreds, of rape victims begin to recover their independence, I hope landlords read this blog.  They are responsible for protecting our children, our sisters, our mothers from those who are hellbent on ruining their lives.

One of the most exciting times for so many of my young female clients was moving into their first apartment.  Independence, decorating, friends over til all hours.  It is a great time.  The fears of their fathers and mothers, however, are well grounded.  Single women in apartments with lower rents that they can afford and which define their independence from parental purse strings, are like magnets for rapists and burglars.  I see it far too often but always after the fact and too late-windows without good locks, sliding glass doors that can be easily “popped” open, leasing agents who lie to their prospective tenants about crime and first floor access to our families’ children.

The destruction a rape causes to the victim, her friends, her family and a community are irreversible.  The independence is lost- The parents’ guilt insurmountable.  This need not happen in most circumstances if the landlords simply recognized the risks they place their tenants in ahead of the rewards of having a young woman sign a lease with the full backing of her parents as co-signers.

Landlords cannot ignore their responsibility by simply adding in a lease, “Your personal safety is YOUR responsibility and that of the local police department.”  Not effective, not moral and not true.

Our law firm consults with victim service agencies and victims of crime across the Country.  We are happy to help landlords and other property owners who are interested in better securing their properties before someone is hurt.  Visit our website for more information:

crime-victim-lawyers.com

Best Wishes to you and your family in 2009.  Stay safe.

Joe Taylor