UPDATE: Burien apartment complex without water for four days; Water is now back on
UPDATE: Burien apartment complex without water for four days; Water is now back on
Burien Mayor Matta is paying for one displaced resident to stay in a hotel until her apartment is fixed
Owner of the Cabana Royal Apartments, Burien Mayor Jimmy Matta and residents talked over the water outage situation on Sunday.
Photo by Patrick Robinson
Mon, 07/12/2021
Update 6:25pm
The water is back on at the Cabana Royal Apartments in Burien. Plumbers were able to repair the leaks and restore service late this afternoon. The concrete walkway over the pipes is being restored.
One resident, a young lady, whose apartment was flooded in the initial leak is staying in a nearby hotel, courtesy of Burien Mayor Jimmy Matta.
Update 3:00pm
According to property management the water will be turned on late this afternoon, barring unforeseen circumstances, and the cement walkway that was broken up will be restored by this evening. The on site manager has been out and will return tomorrow.
No word on the restoration of the washer/dryer not working or on compensation for lost work time, or expenses incurred. Those await a submission from the residents to Judi Rogers, building owner.
The Washington State Tenants Union has been told about the washer/ dryer situation, as well as other repairs. Due to the eviction moratorium (just extended to Sept. 30, tenants shouldn’t be paying late fee.. So that will be included in a report to the attorney general the union is preparing.
Update 11:15am Monday
The owner, Judi Rogers came back and delivered more water on Monday morning, but the water is still not on. Rescue Rooter who had not completed the work on Saturday came back to address the problem. Mayor Jimmy Matta came back too, and officials from Water District 49 were there to look at the problem.
It was learned on Monday that the washer/dryers have not worked for the past 30 days.
Update: 5pm Sunday
While the exact narrative is not clear in the water outage at the Cabana Royal Apartments in Burien, steps have been taken now to address the situation that has left 32 residents without running water for more than four days.
Burien Mayor Jimmy Matta came to investigate (and serve as an interpreter for the spanish speaking residents) as well as building owner Judi Rogers. She also owns two other adjacent apartment buildings The Lochnaw and Tall Firs. All purchased in 1999).
Rogers apologized and even brought some water. After gathering some information from the residents she pieced together a timeline of what took place though some of it remained speculative.
On Wednesday July 7, Rogers said, Water District 49 was doing some work on the water main near the apartments. They temporarily shut off the water and then later turned it back on. It's not confirmed yet but shortly after that a drain pipe out of the Cabana Royal Apartments sprung a leak. That leak flooded one apartment, displacing the resident. A plumber was called by SUHRCO Residential Properties LLC or the onsite manager Claudia Montejano and he apparently was not able to get there until Saturday, July 10. He addressed the issue and claimed to fix it. When he turned the water back on, he, Rogers and building residents said, a new leak appeared. He then shut the water off again. At that point the building residents had been without water for several days. Rogers said she offered to let them use the "hose bib" at one of the other buildings and fill up buckets. Which some in fact did. Others had to stay home from work since they could not take a shower. The word went out on social media and people began to show up with water in gallon jugs and cases of bottled water. But, cooking, bathing, and the toilet were basically all made difficult or impossible.
Sunday afternoon Rogers and Matta showed up within 30 minutes of each other and spoke to the residents. Matta said he would get the City Manager to bring water, and otherwise look into it, plus he said he would contact Water District 49 and get to the bottom of what happened. Rogers said she had ordered some Porta Potties. Two were delivered late on Sunday.
So the end of the problem is not yet in sight. "This is the first thing we address tomorrow morning," Matta said.
The Cabana Royal Apartments in Burien have been without water for four days and the residents, are having trouble.
They are asking neighbors and others to bring bottled water for drinking, cooking, and bathing. The building has 34 units.
According to the Landlord/Tenant Act the building owners could be judged to be in violation of the law. (See below), but charges would need to be filed, a case brought, evidence presented and a judgement made. Of course the owners could be sued in a civil case if it came to that.
But based on the Revised Code of Washington, having the residents without water for more than 24 hours is a violation.
The apartments are located at 411 Ambaum Blvd. SW.
On July 9 a letter was posted at the building from SUHRCO Residential Property Managers LLC that said,
"RE: SHUT OFF WATER NOTICE
WE NEED TO DO AN EMERGENCY MAJOR WATER PIPE REPAIR ON CABANA ROYAL BUILDING AND WE ARE UNSURE WHEN THE WATER WILL BE BACK ON.
Sorry for the inconvenience.
If you have any questions feel free to call me at 206-244.6683.'
The message was repeated in Spanish and signed by Claudia Montejano, Property Manager.
According to neighbors to the building the on site building manager had a sign on their door, saying:
"Please do not knock in my door for apartment issues, this is not the office, Office hours are Monday thru Friday 9am to 5pm,if you are a resident with an emergency, you should know the emergency number!!?
which was subsequently taken down.
The building, built in 1967, is owned by FJJP Properties LLC in Bellevue whose physical address is 177 107th Ave Ne Apt 2106, Bellevue WA 98004.
But calls to the Property Manager go unanswered, and the phone number for the building owner is a non working number.
Residents have had to resort to bottled water and the kindness of strangers to use the toilet, and bathe. People are showing up after hearing about it with gallon jugs and cases of drinking water.
Burien Mayor Jimmy Matta has been alerted to the situation and will be there today to look into the situation.
The Tenants Union of Washinton State is now involved and Salvador Recinos shared this note sent to the Management Company.
"NOTICE REQUESTING REPAIRS
Date: 7/10/2021
Landlord's name and address:
Dear Burien Apartments Management:
This is to notify you that the rental building at,
15619 4th ave SW suite 102 Burien, WA 98166,
which you manage and which I occupy needs repairs for the following defects:
1._All water is shut-off, has been for three days we need water turned on.__
The Washington Residential Landlord Tenant Act requires you to begin to make repairs requested by me within one of these specific time periods:
1 Twenty-four (24) hours to repair the loss of hot or cold water, heat or electricity, or a condition imminently hazardous to life.
2 Seventy-two (72) hours when the defect deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord.
3 Ten (10) days in all other cases.
A list of landlord responsibilities required by the Act is attached. If the repairs are not completed within the applicable period of time, I intend to use the remedies provided in the Act.
Sincerely,
Salvador Recinos (He / Him / El)
Tenants Union of Washington State"
Under RCW Title 59, Chapter 59.18, Section 59.18.110
Failure of landlord to carry out duties—Determination by court or arbitrator—Judgment against landlord for diminished rental value and repair costs—Enforcement of judgment—Reduction in rent under certain conditions.
(1) If a court or an arbitrator determines that:
(a) A landlord has failed to carry out a duty or duties imposed by RCW 59.18.060; and
(b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord in accordance with RCW 59.18.070 or such other time as may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the premises due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to RCW 59.18.100 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord.
The court or arbitrator may also authorize the tenant to make or contract to make further corrective repairs and the tenant may deduct from the rent the cost of such repairs, as long as the court specifies a time period in which the landlord may make such repairs before the tenant may commence or contract for such repairs.
(2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the premises until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise.
Landlord—Failure to perform duties—Notice from tenant—Contents—Time limits for landlord's remedial action.
If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him or her by law, deliver written notice to the person designated in *RCW 59.18.060(14), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord's control:
(1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;
(2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and
(3) Not more than ten days in all other cases.
In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord's control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.