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Nidel & Nace Pursues Class Action at Enclave Apartments

by Chris Nidel | May 21, 2019 | Environmental Law, Litigation, Mold

Tenants at the Enclave Apartments in Silver Spring, Maryland have been living in unsafe and dangerous conditions due to the presence of mold, infestation and unhygienic conditions. They have now filed a Class Action Complaint against the current and former building managers and current owners of the property.

The Enclave Apartments is a three-tower complex that has over 1100 units available for rent. In recent years, hundreds of complaints have been made to the Montgomery County Department of Housing and Community Affairs. In February, Bethesda Magazine reported:

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During a three-day sweep, Montgomery County inspectors found more than 2,500 housing code violations at a White Oak apartment complex and two people had to be temporarily moved from their units due to mold.

Inspectors from the county Department of Housing and Community Affairs inspected 829 units at The Enclave Silver Spring apartments, three high-rise buildings near the intersection of Routes 29 and New Hampshire Avenue, and found an average of 3.1 violations per unit late last month, county officials said.

The lawsuit seeks to compel inspection and remediation of unhygienic conditions for each tenant, and seeks the repayment of rent for past months in which tenants lived in apartments that were uninhabitable due to poor conditions. Current or former tenants who wish to participate in the suit can sign up here.

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This post is for informational purposes only and is not legal or medical advice. Prior results do not guarantee a similar outcome.

Chris Nidel
ABOUT THE AUTHORChris Nidel

Chris Nidel is the founding partner of Nidel & Nace. A chemical engineer by training (University of Virginia and MIT), he worked in pharmaceutical process development before earning his law degree at the University of Virginia. He now represents individuals and communities harmed by environmental contamination and toxic exposures.

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Jonathan Nace
ABOUT THE AUTHORJonathan Nace

Jonathan Nace is a partner at Nidel & Nace, where his practice focuses on complex consumer protection, including deceptive food and supplement labeling, insurance misconduct, and data privacy. He has tried cases in state and federal court and argued before federal appellate courts.

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Zachary Kelsay
ABOUT THE AUTHORZachary Kelsay

Zachary Kelsay is an attorney at Nidel & Nace supporting the firm’s environmental and consumer protection practices. He previously clerked for the 23rd Circuit Court in West Virginia and worked in the Maryland Attorney General’s Consumer Protection Division.

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