Tenants left in limbo after asking landlords and city officials to fix smoke damage

About a month after the Eaton Fire destroyed thousands of houses in Altadena, fleets of smoke remediation vans could be seen parked outside the homes still standing.

Ash from the fire is potentially hazardous to human health, according to the public health officials. Work to safely remove that debris is now in full swing inside many homes.

But there’s no van outside the Pasadena home of a tenant we’re calling Elizabeth. Her single-family rental house is about three blocks south of houses that were incinerated. When she asked about her landlord’s plans to do something about the smoke damage, the landlord ordered her, her husband and her two young children to move out.

“After all the things that we've all been through, to now hear that your landlord is not only not going to clean the house, but wants you out because you’ve asked him to take care of the cleaning of the house ... it's so upsetting,” Elizabeth said.

LAist is not using her full name because of her concerns about further straining her relationship with her landlord and jeopardizing any future housing search. We have reviewed her landlord’s correspondence with her to verify what she’s been told.

Elizabeth is among several tenants near the Eaton Fire burn area who told LAist they’re not getting clear answers from landlords or property managers about who will take responsibility for cleaning homes coated in ash. In some cases, landlords have outright refused to fix smoke damage, telling renters they can either pay for it themselves or move out.

Housing experts say that under state and local laws, landlords are required to address smoke damage. But in practice, some renters are being told by government officials that their only path for getting this work done is to take their landlord to court.

‘No plans to clean this house’

Elizabeth’s family is renting a Craftsman home. The architecture is charming, but like many houses in Pasadena, it shows its age. The old latch windows don’t fully close. Hurricane-force winds were able to spew ash through the cracks, leaving visible residue in many areas.

The worst ash buildup is in her 10-year-old daughter’s bedroom, where the windows blew open, Elizabeth said. A dark layer of soot covered the child’s desk and toys.

Elizabeth said finding another nearby home to rent isn’t a viable option because the market has been flooded with fire victims. There are few available homes, and costs have skyrocketed as landlords increase asking rents — in many cases, higher than what is legally allowed.

“We're still paying rent here, and yet living at a friend's house for free for a couple more weeks,” Elizabeth said. “Then we really don't have anywhere to go because there's been no plans to clean this house.

“Unless we pay out of pocket and clean this place up, it's not going to happen.”

Smoke remediation vans have become a common sight in Pasadena, but some renters say they're struggling to get answers and timelines.

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David Wagner

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LAist

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Who’s responsible for Eaton Fire ash?

Housing rights attorneys and landlord advocates agree that, under state law governing rental housing habitability, removing potentially toxic debris after a fire should be a landlord’s responsibility. They told LAist that renters are on the hook for any damage to their personal belongings, such as couches or mattresses saturated with ash. But it’s the landlord’s job to make the rental housing unit habitable, experts said.

Amy Tannenbaum, an attorney with Public Counsel, said government officials “should be making clear that this is the landlord's responsibility — bottom line.”

Housing experts said many landlords are fulfilling their duty to clean up rental homes. But some may be unsure where to start.

“The first call an owner should be making is to their insurance company,” said Daniel Yukelson, executive director of the Apartment Association of Greater Los Angeles. “They need to get a proper abatement company out to the property to assess it and do whatever cleanup is necessary before the tenants move back in, so that tenants have a safe environment to go back to.”

Renters feel out of the loop

But some landlords and property managers are declining to tell tenants if, or when, they will arrange for smoke remediation.

Jason, a tenant who also asked LAist not to use his full name because of concerns about retaliation from his landlord, said a representative from his renters insurance company confirmed that his policy would not cover smoke remediation for his two-bedroom apartment in Pasadena.

“They would cover my personal property, but not the premises,” Jason said. “I was like, ‘Well, who would do that?’ And he was like, ‘Well, your landlord should.’”

“Yeah, they should,” Jason continued. “But they are, I think, trying to avoid that.”

Jason said he and his daughters have been bouncing between Airbnb rentals and hotel rooms, waiting for updates from his property manager. He said the apartment building has been inspected by a remediation company, but he hasn’t heard anything about the results.

“I don't want to live in a place that could be dangerous with two young kids,” he said. “It just doesn't feel like a very honest, transparent relationship, which is unfortunate when people's safety is at risk.”

Personal belongings are piled on a sidewalk outside an apartment building near the Eaton Fire burn area.

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David Wagner

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LAist

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Pasadena says ash is toxic, but doesn’t violate code

Pasadena health officials have been telling tenants that ash from the Eaton Fire is potentially toxic. But the city’s housing officials have been telling tenants they cannot force landlords to carry out ash cleanup.

Pasadena housing officials have told tenants to consider hiring an attorney and that local regulations don’t specifically address toxic ash in rental housing. The city’s code compliance employees have emailed tenants, saying, “there are no codes in regards to ash so this would be considered a civil matter.”

Pasadena’s building code says housing units are not considered habitable if they contain “debris, garbage, offal, rat harborages, stagnant water, combustible materials” or other materials that could “constitute fire, health or safety hazards.”

The word “ash” is not explicitly mentioned in Pasadena’s code. By contrast, the city of L.A.’s building code specifically lists “ash” and “partially burned building materials” as hazardous.

Tannenbaum, the Public Counsel attorney, said that discrepancy doesn’t mean ash is beyond the scope of Pasadena’s code. She said local laws include broad language about health and safety that clearly cover ash containing chemicals from thousands of destroyed homes.

“If you're saying that this ash probably contains toxic substances — including asbestos, including lead — this is injurious to human health, but it's OK for a tenant to move back in there. That's a pretty callous disregard for a tenant's health and safety,” Tannenbaum said.

LAist emailed Pasadena code compliance officials to ask how they interpret laws governing habitability of rental housing with smoke damage. We asked if they would give a home coated in Eaton Fire ash a passing grade upon inspection. They have not responded to those questions.

The city’s spokesperson, Lisa Derderian, emailed a statement saying issues that affect a renter’s well-being “may give rise to a civil action between landlord and tenant.”

The statement goes on to say, “The [Rent Stabilization] Department is also in the process of offering mediation services to facilitate resolution of complex landlord-tenants concerns, which will be available to fire victims.”

Ash from the Eaton Fire is visible on a windowsill that held potted plants. Health officials have said ash from the recent wildfires is toxic.

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David Wagner

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LAist

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Renters unsure when they can return

Ryan Bell, the chair of the Pasadena Rental Housing Board, said he has heard from dozens of tenants who feel they've been left to fend for themselves.

“I think tenants are rightfully concerned,” Bell said. “Most tenants that I've talked to are simply saying to the landlord, ‘Can you please just give us a timeline? We just need to know: Do we need to stay with our folks for a month? Is it two weeks? Is it three months?’”

Renters insurance plans typically cover temporary relocation costs. But different policies have different coverage limits. And some tenants worry they’ll have to pay out of pocket if remediation work isn’t scheduled soon.

Marah Eakin and Andrew Morgan rent a home in Northwest Pasadena about one block from homes that burned down in Altadena. Since Jan. 7, they’ve been living in hotels and short-term rentals with their 6-year-old twins.

Morgan said their current Airbnb rental in South Pasadena costs about $2,000 per week.

“It costs more than our rent,” he said. “It's much smaller than our house. We don't have most of our stuff. We're just thrown way off balance. ... Like most families, we really thrive on a routine and a schedule. And it's just kind of out the window.”

The struggle to get clear answers

Eakin and Morgan said their property management company — Cornerstone R/E Management, Inc. — went weeks without confirming whether their landlord would cover smoke remediation or when that work would happen.

Last month, a Cornerstone representative told the couple, “We are working on the basis that until told otherwise, properties are assumed livable,” according to emails sent to the tenants and reviewed by LAist. The representative said, unless anything changed, February rent would still be due.

“It feels like there's no good answer,” Eakin said. “Do we get a rental for a month? Do we get a rental for three months? Should we just cut bait and move out? There's nowhere to move, really, within driving distance of school. So I don't really know what to do.”

About an hour and a half after LAist emailed Cornerstone seeking comment about Eakin and Morgan’s situation, an employee contacted the couple to say a smoke and ash adjuster had been assigned to their case and they could soon receive a refund on their rent since the fire.

Trevor Barrocas, Cornerstone’s operating officer, emailed LAist with a statement: “We are working together with our clients and their insurance companies with the clear objective of: professionally assessing all damage, completing all necessary repairs and remediation; and, subsequently, returning displaced tenants to their homes as soon as possible.”