INDIANAPOLIS – Attorney General Todd Rokita and his Homeowner Protection Unit team have filed a civil lawsuit against the owners and property managers of Willow Brook Apartments in Indianapolis — alleging that they have habitually failed to respond to residents’ maintenance calls, allowed conditions to become uninhabitable, failed to provide executed lease agreements, and improperly billed tenants.
“We are here to protect Hoosiers,” Attorney General Rokita said. “That’s why we regularly take action against businesses doing harm to consumers through either negligent or willful misconduct, and this case represents just one more instance in which we are defending the rule of law and standing up for the little guy. This case represents yet another example of out-of-state real estate investors seeking to put their heel on the neck of working-class Hoosiers. Our office will not allow that kind of conduct to continue.”
Defendants in this case are Willow Brook Gardens LLC, the property owner, and Beztak Properties, the property management company, who the lawsuit alleges are not registered to do business in Indiana and are also operating without a required real estate broker company license. The mortgage assignee, U.S. Bank N.A. — as trustee for a mortgage-backed security underwritten by Freddie Mac — is also named as a defendant to assert any interest it may have in the property.
The complex, which consists of 48 townhomes, is located at 2121 E. 52nd St., Indianapolis.
Allegations of uninhabitable conditions and unresponsive property management personnel have been corroborated by civil actions initiated by Health and Hospital Corporation of Marion County. Violations cited by local authorities include issues associated with the facility’s plumbing, electrical wiring, foundation, moisture control, and utility shutoffs.
Marion County’s Health and Hospital Environmental Court has ordered judgments against Willow Brook Gardens LLC on Jan. 24, 2023, and May 9, 2023.
Neither Willow Brook Gardens LLC nor Beztak Properties have responded substantively to authorities’ efforts to communicate with them about issues at the apartment complex. Residents also report that management is absent and unresponsive to requests for assistance.
The lawsuit alleges that the defendants’ conduct violates Indiana’s Deceptive Consumer Sales Act and the Home Loan Practices Act.
Attorney General Rokita thanked members of his team for their hard work. Overseeing the Homeowner Protection Unit is Section Chief Chase Haller. The State of Indiana is represented in the lawsuit by Assistant Section Chief of the Homeowner Protection Unit Timothy Weber and Deputy Attorney General Regan Perrodin. Further, HPU Investigator Molly Jefford also worked on this matter.
“In each instance in which defendants renew or sign a new lease with a tenant, they do so with the knowledge that they have been deficient at meeting their basic legal obligations to their tenants all the while they continue to unfairly collect rent and line their pockets,” Haller said. “Such activity is unfair, deceptive and abusive to their tenant residents. Our unit has a duty to protect vulnerable Hoosiers who are simply trying to keep a stable roof over their heads, and we take that duty very seriously.”
This lawsuit primarily aims to force the defendants to make good on their obligations to tenants. Alternatively, Attorney General Rokita and his team will seek a court-ordered receivership of the defendants’ assets if they are noncooperative or otherwise prove unable to meet their legal obligations to tenants.
The lawsuit also seeks costs and civil penalties.
The mission of the Homeowner Protection Unit is to protect the rights of all individuals involved in the housing market, including tenants, homeowners, and aspiring homeowners, by investigating and redressing deceptive acts in connection with mortgage lending and violations of relevant state and federal laws. The unit strives to ensure equal access to housing opportunities for Hoosiers and promote the proper functioning of homeowner’s associations. The unit works closely with law enforcement agencies at all levels to ensure justice is served and homeowners and tenants are protected.
The full lawsuit can be found below:
