In a dramatic turn of events, two tenants in San Francisco have filed a lawsuit against their landlords, alleging severe neglect and misconduct. On February 13, 2025, Paul McGrath and Jessica Benedetto lodged a complaint in the Superior Court of California, County of San Francisco, against Wing C. Chinn and Alberta G. Chinn, both individually and as trustees of the Chinn Living Trust dated October 19, 1992.
The plaintiffs, McGrath and Benedetto, claim that they have endured years of living in substandard conditions at their residence on Moraga Street. The lawsuit details numerous grievances including persistent habitability issues such as rodent infestations, mold exposure, improper weatherproofing, peeling lead-based paint without disclosure, and lack of essential safety equipment like smoke alarms and fire extinguishers. The plaintiffs argue that these conditions have been exacerbated by the defendants' refusal to address or rectify these issues despite being repeatedly notified.
McGrath began his tenancy in 2017 with an agreement that included an attorney’s fees provision for any legal action related to the property. Benedetto joined him as a tenant in 2019. Both allege that their unit falls under San Francisco's Rent Control and Tenant Protection Ordinances but accuse the landlords of violating these protections by failing to maintain habitable living conditions.
The plaintiffs assert that the defendants not only ignored their complaints but also failed to comply with city-issued notices for repairs following inspections by San Francisco authorities in May and June 2024. Despite receiving these notices citing violations for habitability defects such as lead paint and mold, the landlords allegedly did not initiate necessary repairs for several months while continuing to collect rent from McGrath and Benedetto.
In addition to seeking relocation due to uninhabitable conditions—which was denied—the plaintiffs accuse the landlords of bad faith actions intended to harass them into vacating the premises. They are pursuing multiple causes of action including negligence, premises liability, tenant harassment under local ordinances (S.R.O § 37.10B), breach of contract concerning shared utilities without proper disclosure or agreement (Civil Code § 1940.9), and illegal rent collection while citations were unresolved (Civil Code § 1942.4).
McGrath and Benedetto seek various forms of relief from the court: general damages for emotional distress; special damages related to loss of their rent-controlled unit; treble damages under specific ordinances; attorney’s fees; penalties up to $5,000 per violation; punitive damages due to reckless disregard for tenant rights; prejudgment interest; and any other relief deemed appropriate by the court.
Representing McGrath and Benedetto is Ryan Kraft from Venardi Zurada LLP based in Walnut Creek, California. The case is identified under Case No. CGC-25-622372 with Judge Sahar Enayati presiding over proceedings.