SOUTH BEND – Some tenants at Cedar Glen Apartment Homes whose apartments suffered from heating and/or hot water outages earlier this year and some last year have received compensation in the form of rent credits from the complex’s owners.
Some tenants told The Tribune that they were entitled to more than the standard $192 credit because all affected residents are still living there, noting that many of those affected have moved out and received nothing.
The credits were negotiated with the help of the Portage Township Trustee’s Office and the Indiana Attorney General, who became aware of the tenants’ problems in January and February 2024. The township’s legal counsel sent the owners of the Cedar Glen apartments a letter outlining four conditions that must be met to avoid legal action:
● Provide compensation to affected residents
● Make amends to the community
● Enabling the establishment of a tenants’ association
● Agree on a compliance deadline
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“The complex has agreed to written compliance agreements overseen by the Indiana Attorney General’s Office, and affected tenants have been paid rent credits totaling $10,600,” Portage Township said in a press release.
“Rent credits are only given to people who are currently still living there,” said Jason Critchlow, Portage Township Trustee. The rent credits are administered through MAH Cedar Glen, LP. The credits were issued on August 8.
Tenant Todd Bogunia, chair of Cedar Glen’s tenant board since February 2024, said he has suffered utility shortages for a total of 14 months – two winters in a row without heat, hot water or plumbing. Bogunia, who became homeless seven years ago, said he always pays his rent on time.
Bogunia’s experience began in November 2022, when he came home and wanted to take a hot shower, he said. The hot water wasn’t working. Every day, he says, he asked when the hot water would be back.
Critchlow thanked Bogunia for speaking out about conditions at Cedar Glen, which caught the attention of Critchlow, Reps. Maureen Bauer and David Niezgodski of South Bend, and Indiana Attorney General Todd Rokita.
“We wouldn’t be here today if he hadn’t had the courage to speak his mind,” Critchlow said of Bogunia.
“My kids were watching, so I had to do something,” Bogunia said. His son and daughter also lived in Cedar Glen but have since moved out because of the conditions there, said Bogunia, who doesn’t want to leave. He says he has become the person other tenants go to to talk about their apartment problems, and he speaks for those who don’t want to talk. He couldn’t move even if he wanted to, he said, because he can’t afford anywhere else despite working three jobs.
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“There is a culture of fear among residents,” Critchlow said. “They are afraid to come forward because they believe that Indiana laws allow them to be evicted from their homes very easily.”
“We can make a difference if we all stand together and fight the good fight,” Bogunia said. “We have to do it in a way that reflects the love South Bend has for its people.”
Following the settlement, Critchlow said, the complex’s owners now appear to be making efforts to regain the trust of residents.
Some actions, as outlined in a compliance agreement with the Indiana Attorney General filed on August 8 in Marion Superior Court in Indianapolis, include repairing and/or replacing all known mechanical boiler parts that caused heating and hot water failures throughout the building. These parts consist of boilers, pumps and water softeners. In addition, a boiler and water softener maintenance plan has been adopted to closely monitor the systems.
“We will be monitoring this very closely as winter approaches to ensure that Cedar Glen meets its obligations under this compliance agreement,” Critchlow said.
Residents wonder whether the agreement is sufficient
Despite the agreement, some residents are not convinced that anything will change.
The 66 affected units were identified by Cedar Glen, Critchlow said, but many of the identified tenants have moved. Still, each affected tenant received the same $192 rent credit, regardless of their monthly rent. Cedar Glen tenants are wondering where the rest of the $10,600 total will go, since so many affected tenants no longer live in Cedar Glen.
Ginnie Brandt, who currently lives in Cedar Glen, is considering moving. She hasn’t received any money from the settlement. She’s behind on rent, she admitted, and wondered if that was a factor.
“We thought we were entitled to four months of rent-free,” she said after hearing from Bogunia that he had received a credit. “People were renting motels to shower. They (the owners) should pay for it.”
Brandt had no hot water for four months, she said. Bogunia’s took longer. She believes if tenants have to go a month without hot water, they shouldn’t have to pay for that month. Tenants take two buses to the homeless shelter to shower, she said.
Cedar Glen is trying to improve the property in other ways, Brandt acknowledged, such as planting tomato plants to increase happiness. But to her, a plan to repair or replace broken boilers doesn’t mean much. It’s non-binding, she said, and doesn’t mean there won’t be more problems at the facility.
“I just want hot water,” she said.
Brandt’s lease ends on November 1st. She has to decide whether to stay or move out.
Rodney Gadson, president of the South Bend Tenant Association, has worked closely with Cedar Glen tenants to help them form their committee, provide them with access to legal counsel from Judith Fox, a clinical professor emeritus of law at the University of Notre Dame, and unite the many frustrated tenants into one voice. They have created a game plan to best meet the needs of Cedar Glen tenants.
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“There is definitely more that needs to be done,” Gadson said at the press conference with Portage Township on August 20, calling the agreement a good step.
“If it’s just a one-off payment for 14 months and we have proof of that, is that enough and satisfactory for the tenants given what they’ve been through?” he asked.
Tenants found the amount unacceptable, Gadson said. He asked Krieg DeVault LLP attorney Alex Bowman, who conducted an investigation with Critchlow at Cedar Glen, whether the agreement was binding. Can tenants take action themselves?
Bowman agreed that the problems have been around for some time. The rent credits are scheduled to begin in January 2024, when, in the attorney general’s view, “the problems are particularly acute and the claims are particularly clear,” he said.
Critchlow said the municipality’s agreement to the voluntary compliance pledge between the Attorney General and MAH Cedar Glen, LC, does not prevent tenants from taking further action.
A spokesperson for MAH Cedar Glen, LC provided a statement in the press release but retracted the statement before the press conference. No representative from MAH Cedar Glen, LC attended the press conference.
Portage Township has not reached an agreement with the management of Cedar Glen, the Indianapolis-based firm Barrett and Stokely, or the former management of the Bradley Company.
When asked whether Barrett and Stokely should bear some responsibility for restitution, Bowman said the township believes there is a contractual agreement between MAH Cedar Glen, LP and Barrett and Stokely to manage the property.
Critchlow responded that from the municipality’s perspective, property owners must ensure that necessary utilities are provided for the residential area. If this is not the case, it is a matter between them and their property manager, he said.
For Gadson, it’s not over yet.
“We’ll see how far we can go to get compensation that tenants feel is appropriate,” he said. “One month versus 14 months, when you do the math, that doesn’t seem so cool if you were in their shoes.”
The South Bend Tenant Association will hold a press conference on September 16 from 5 to 7 p.m. at the River Park Library to develop a mediation process for appropriate redress.
Critchlow said the settlement sets a precedent for taking action against problematic apartment complexes that fail to meet the needs of their tenants.
“We wanted to show that this is possible,” Critchlow said. He hopes the other problematic housing complexes and problematic landlords in the city will take note of this success, he said.
Gadson plans to address the issues at Prairie I and II Apartments, Miami Hills, Karl King Riverbend Tower and Beacon Heights Apartments. They are on his to-do list for the remainder of 2024 to 2025, he said.
The Portage community waived the compensation it had previously demanded and in return gave residents a larger rent credit, Critchlow said.
“We will no longer tolerate substandard housing conditions in our community, frankly, we do not have to tolerate them,” he said.
The municipality plans to introduce its own property inspection program, he said.
“There are measures that can be taken to ensure accountability,” he said. “We will not stand idly by. We are ready to defend the rights of tenants.”
Email Tribune editor Camille Sarabia at [email protected].
