Oklahoma's Own In Focus: Vista Shadow Mountain Class Action Lawsuit

A class action lawsuit is now settled after a Tulsa apartment complex was suddenly shut down three years ago for being unsafe.

Vista Shadow Mountain at 61st and Memorial was shut down by the Tulsa Fire Marshal, due to everything from apartments having no walls, exposed wiring, water damage and mold everywhere.

A class action lawsuit was filed by two women on behalf of the tenants kicked out.

Timeline: What Led To The Abandonment Of Vista Shadow Mountain Apartments In Tulsa?

Attorney Jared Burden with Frederic Dorwart Lawyers took on the case pro bono and now those former residents are getting paid.

“We saw how awful the situation was; over 200 families kicked out on the street with no notice,” Burden said. 

“They wanted to help neighbors and make sure landlords didn't get away with what they’re doing,” he said. 

“It’s a relief to help these people in some small way,” Burden added. “It's also a hope that, by taking this on, we prevent the next one from happening.”

The settlement is for $400,000 meaning each resident got around $2,000.

THE FORMER TENANTS

Some of the people who used to live there said they are still dealing with long-term trauma from this whole ordeal.

Tenants who were kicked out only had two weeks to find a new home somewhere else, and thanks to nonprofits, many were put up in hotels and given food and clothes.

But one tenant who lived there previously said conditions were bad years before the place was shut down.

“It all hits you at once,” said Sotero Garcia. “I lost my house and job and everything in there.”

Sotero Garcia moved into the Vista Shadow Mountain apartments at the end of 2020.

His apartment seemed OK, and he got a job there as a leasing agent.

He started having some major flooding issues, and when the fire marshal showed up and shut the whole place down, he was shocked at how bad things had gotten.

“Maybe lost and confused was the main things,” he said. “At that point, we had a couple of hours to find a new apartment. Who can do that in a couple of hours?”

Sotero had to live in a hotel for several weeks and was eventually able to find a new apartment, but the damage was done.

“I feel like PTSD for sure about getting ripped out of my home again,” he said.

Residents who were forced out reported horrific living conditions: some had exposed wires, and some had no walls or ceilings. Many said they had black mold and still deal with long-term health impacts.

“I felt so validated,” said Cerah Bourque. “I felt horrible for everybody's experience but was waiting for it to happen.”

Cerah Bourque said the shutdown was no surprise. She was a tenant from 2014 to 2018 and said she had issues the whole time, beginning with crews peeling back paint near her sliding glass door.

“That exposed black mold; rotting wood in the wall as well.”

She said she had water leaks and significant heating and AC issues.

“Every summer, our AC would break 2-3 times, and it would take 3 weeks to the day to come and fix it,” Bourque said.

She spoke up and was able to move, but said it taught her a lot about knowing your rights as a tenant.

“All they did was lie. And then they just kicked them out. With nowhere to go.”

As for Garcia, he is now living in a house, and thankful to have received his money from the class action settlement.

He hopes nobody has to go through something like this again.

“It gives you closure a little bit that they actually had to be responsible for their actions,” Garcia said. 

The City R Group at Vista Shadow LLC owns Vista Shadow Mountain.

City R Group is headquartered in New Jersey, Houston and Israel. They did not want to comment on the settlement or the future of the property.

WHAT'S NEXT

News On 6 talked to city councilor Lori Decter Wright, who has been very involved in getting help and answers for the people kicked out.

She said the owners were given a 24-month window which ended in August, which means developers can now look at buying the property and put in an offer to purchase.

She said whoever ends up buying it will need to prove all these issues are fixed and up to code, and she hopes to see a local developer take it on, so more people living in this busy part of Tulsa have a place to live.

TENANT RIGHTS

Oklahoma law states that if there is a problem that can be fixed, tenants need to give written notice and after 14 days, you have a right to have money reimbursed or move out 30 days later.

If the property becomes unlivable, tenants have a right to give written notice and move out immediately without consequence.

Landlords are responsible for supplying essential services like trash removal, heat, hot and cold water, electricity, gas, and AC if written in the lease, or else, a tenant is owed money or can move out.

The full list of landlord and tenant rights can be found here.