Legal Strategies for Combatting Habitability and Mold Claims

Legal Strategies for Combatting Habitability and Mold Claims

California juries are handing down million-dollar awards in lawsuits alleging rental housing providers have failed to maintain ‘habitable’ properties. Insurers, concerned the litigation trend could spread, are adding exclusions to limit their risk. Brokers need to be aware of the impact habitability litigation and coverage restrictions can have on client property programs. To protect themselves, property owners need to take a proactive approach to maintenance of rental housing units and keep detailed records of that work. In addition, property owners need to be aware of the impact that potential litigation and coverage exclusions may have on property insurance policies.

Join us for this important NEW webinar to learn the steps you need to take to steer clear of tenant habitability claims, and if you are served with a habitability claim lawsuit, learn the legal maneuvering and strategy you can deploy to seek coverage and avoid major liability.

Date & Time:   **New Date** 

Wednesday, March 5, 2025, from 11:00 A.M. – 12:00 P.M. (Noon) 

How to Attend:        

Exclusively for AAGLA Members, Please Login to Register.

Rental housing providers in California are facing a growing litigation risk that has caught the attention of insurers across the country. As California juries hand down million-dollar awards to tenants in lawsuits where it is alleged that landlords have failed to maintain ‘habitable” properties, insurers are taking steps to limit their exposure. Some carriers have already added exclusions for cockroach and bedbug infestations, and now broader, generalized habitability exclusions are becoming more common. More and more, local and state regulations allow for recovery of attorney fees in certain habitability claims, which are in addition to compensatory damages award.  The City of Los Angeles, among several California cities, provide for the payment of attorney’s fees as a component of any award for violation of applicable Rent Control Ordinances. The tripling of compensatory awards and the allowance for attorneys’ fees are far more onerous than those instituted by many other cities.

Please log in to register. If you have any questions, please contact Events Manager, Diana Alcaraz, via email at diana@aagla.org. 

Presenter: 

David Canter, Partner, Nicolson Law Group:

The lion’s share of Mr. Canter’s current practice focuses on representing property owners and property managers in the defense of claims asserting breach of the warranty of habitability, breach of the covenant of quiet enjoyment, negligence, and private nuisance. With 35 years of experience, Mr. Canter has successfully represented individuals and businesses varying in size from independently owned local companies to publicly traded national corporations. He has litigated matters involving habitability claims, property disputes, short-term health insurance plans, insurance defense, insurance bad faith, first-party property loss, commercial transportation, premises liability, construction defect, assault and battery, defamation suits, wrongful termination, misappropriation of trade secrets, breach of contract, mortgage repurchase litigation, business disputes, fraud, breach of fiduciary duty, ADA compliance, nuisance abatement and law enforcement/internal affairs investigations.

Throughout his career, Mr. Canter’s well-balanced approach has remained the same: provide his clients with candid and thoughtful evaluation of claims and defenses; counsels his clients on the costs and benefits of each stage of litigation; communicates professionally and in good faith with his adversaries; and always zealously represent his clients’ interests through the conclusion of the matter. Mr. Canter is a member of both the Association of Southern California Defense Counsel and the Colorado Defense Lawyers Association.

Moderator: 

Daniel Yukelson, Executive Director (CEO), Apartment Association of Greater Los Angeles: 

Daniel Yukelson is currently the Executive Director and Chief Executive Officer of The Apartment Association of Greater Los Angeles (AAGLA).  As Certified Public Accountant, Yukelson began his career at Ernst & Young, the global accounting firm, and had served in senior financial roles principally as Chief Financial Officer for various public, private and start-up companies, including as Chief Financial Officer of Premiere Radio Networks, the largest U.S. radio network and now subsidiary of iHeart Media, and as Chief Financial Officer of Oasis West Realty, the owner of the Beverly Hilton and Waldorf Astoria Beverly Hills.  He is a former planning commissioner in the City of Beverly Hills and had served as Chairperson.

Title Sponsor:  

Scott Properties
 
Scott Properties Group, Inc. is a proactive property management firm specializing in multifamily apartment buildings, single-family residences, retail shopping centers, office buildings, mixed-use, and industrial properties all over the Greater Los Angeles Area.  Scott Properties believes that property management is the understanding of lots of moving parts, the strengths and weaknesses of the property, the goals of ownership, the needs of the tenants, the relationships with vendors and the ethics in which you deal with your brokerage community.  Call Scott Properties today to get a free property analysis at (424) 272-6439 or visit them online at www.scott-properties.com.

Kern Insurance

Kern Insurance Associates was formally established in 1972, with roots dating back to 1926. With decades of industry experience in providing insurance solutions, Kern has grown to be one of the most knowledgeable and experienced firms. Kern takes pride in their ability to provide white-glove customer service to each customer while building tailored insurance solutions for each unique need. Kern has relationships with the foremost insurance carriers in the industry and proudly provides clients with the best insurance options at the best rates available. With the partnership with PCF Insurance Services, Kern is taking their local values across the country to provide unique, tailored insurance solutions to American businesses, individuals, and families. For more information, call (844) 444-KERN (5376) or go to https://kern.com/.