In re Clark
United States Bankruptcy Court for the Eastern District of Pennsylvania
96 B.R. 569 (1989)
Clark (defendant), a debtor in a bankruptcy proceeding, owned a 24-unit apartment building in Philadelphia, Pennsylvania. Five of Clark’s former tenants (plaintiffs) stated they experienced various problems with the building, including crumbling and hole-filled walls, infestations of mice, toilets that flooded and did not work, ceilings that fell in due to leaks, warped and sloping floors, broken sinks, unusable kitchens, lead paint, and no heat or hot water since 1987. These conditions forced the tenants to obtain heat from electronic and kerosene heaters and the warmth from the gas stoves. Use of these heat sources created fire and other hazards and required the tenants to place their minor children with relatives during winter. The tenants filed a complaint seeking damages due to the conditions of their premises.
Rule of Law
Holding and Reasoning (Scholl, J.)
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