A recent court filing reveals a harrowing tale of alleged landlord negligence and tenant mistreatment, culminating in severe living conditions and emotional distress for the plaintiffs. On August 1, 2024, Yuliya Chepurko and Svetlana Chepurko filed a complaint in the Superior Court of California, County of San Francisco, against Laura Dare, Tom Fong, David Dare, and others. The lawsuit accuses the defendants of multiple violations including wrongful eviction, breach of contract, and negligence.
According to the complaint, Yuliya and Svetlana Chepurko were tenants at 1216 Clay Street Apartments in San Francisco from June 18, 2018, until their tenancy ended on March 22. They allege that throughout their stay, they endured numerous habitability issues such as toxic black mold infestations, serious water damage, broken appliances, rodent infestations, lack of heat, and other dangerous conditions. Despite repeated complaints to their landlords—Laura Dare (individually and as trustee of the Laura E. Dare Gift Trust), Tom Fong (property manager), David Dare (another property manager), and other unnamed defendants—the issues were not adequately addressed.
The plaintiffs recount specific incidents highlighting the severity of their living conditions. For instance, they describe how their apartment became so overheated due to a malfunctioning heater that it felt like a sauna for days. Sparks even began flying from the heater before it was finally replaced after threats to contact the fire department. Water leaks led to electrical problems where bathroom lights would not turn off even when switched off. Mold spread from the bathroom walls to other parts of the apartment causing health concerns and damaging their home-based business products.
The City and County of San Francisco Building Inspections Department issued multiple notices of violation against the property around August 2023 for mold infestations and faulty plumbing among other issues. However, more than 30 days after these notices were served, many problems remained unresolved according to the plaintiffs.
The complaint also details instances of harassment by the landlords. It alleges that Tom Fong once entered their apartment drunk with a gun while David Dare physically threatened Svetlana Chepurko on another occasion. Such actions created an environment where they felt unsafe enough to involve law enforcement multiple times.
In terms of legal grounds for their case, Yuliya and Svetlana Chepurko cite breaches under various California Civil Codes including §§1941.1 (implied warranty of habitability) and §1942.5 (retaliation). They argue that their landlords' actions amounted to constructive eviction as defined under state law because they were effectively forced out due to uninhabitable conditions.
The plaintiffs seek general damages for each cause of action along with special damages covering medical expenses; loss of income; property damage; punitive damages; statutory damages amounting up to $5k per violation under Civil Code §1942.4; compensatory damages for emotional distress; incidental expenses; attorney's fees; costs incurred during litigation; pre-judgment interest among other reliefs deemed just by court.
Represented by attorney David W Chen Esq., this case has been assigned Case No: CGC-24-616933 with proceedings overseen by Judge [Name].