Tenants of Denver apartment complex set new precedent in class action lawsuit win

Tenants of Mint Urban Infinity Apartments in Denver are receiving justice after living in long-term uninhabitable conditions that lasted years for some. A class action lawsuit filed by more than 200 tenants back in 2021 was the first of its kind in the state of Colorado, challenging the warranty of habitability. 

After an 8-day trial that began March 3 and an additional day of deliberation, the jury ruled in favor of one out of two of the classes that were approved by a judge back in February 2024. 

The jury ruled the warranty of habitability in the state was violated by defendants Cardinal Management Group and Glendale Properties I and II. In the verdict, the jury awarded tenants a 31.42% rent reduction per unit per month for all tenants living at Mint Urban Infinity between Oct. 22, 2018 through June 28, 2022, according to the plaintiff legal team on this case. It was also found the defendants violated their obligations to maintain the property under the lease for damages of $200 per unit per month. The plaintiff legal team estimated at least 2,000 tenants benefited from this jury verdict.  

However, the jury ruled against tenants' claims of the defendant's violation of Colorado's Rental Application Fairness Act. This was regarding tenants who paid administrative and pest control fees after Aug. 2, 2019. These tenants had claimed it was in violation of their obligations under the lease, according to the Justice for The People Center. 

The case has already set court precedent for future cases involving the warranty of habitability. This allows for communities similarly impacted in the state to feel encouraged to use class actions in pursuit of justice.

The plaintiffs included former tenants of the complex, Brandon Smith, Lynette Rhodes, Shivani Mohan and Raylene Keely. The plaintiffs told CBS Colorado they are extremely relieved that the case was resolved and hope this inspires other tenants living in similar conditions to organize and affirm their rights. 

Justice for the People Legal Center, Cadiz Law, LLC, Woodrow & Peluso, LLC and DeGolia Law P.C. joined together in 2021 to represent Mint Urban Infinity tenants after hearing about deplorable conditions at the complex. Many of those conditions included pests, mold, broken elevators, lack of heat, hot water and lack of air conditioning. The attorneys asserted these conditions suggested the community's maintenance and environment was being systematically neglected. 

The defendants now have 60 days to file an appeal to the jury's decision.

A spokesperson for the Cardinal Group sent CBS Colorado the following statement regarding the lawsuit: "We are disappointed in the outcome. Our team worked incredibly hard to maintain this property in the face of outstanding obstruction by the owner. This verdict does not reflect the hard work and diligence they put in every day. We have a track record of diligent operations that cares for the 100,000 people we provide housing to each year. We also believe that this outcome will have a material adverse impact on affordable housing in Denver. Providers will look to other cities as the state of Colorado is becoming an incredibly difficult state to invest in."