Andrade v. Defendant Municipality

Claim:

Jose Andrade is a landlord who owns 32 properties with a total 62 rental units. He purchased a Hammond building in 1998 with the intention of renting it out. The building was built in 1927 and divided into multiple units over time, ultimately into five apartments. Notices were sent to Andrade by the enforcement body, City of Hammond, of various safety violations at this property.

Outcome:

The firm successfully defended Hammond and its Board of Public Works and Safety, (“the Safety Board”), in a judicial review trial . After a hearing, the Safety Board declared the building to be unsafe. The Safety Board concluded that the building had inadequate fire stopping, lack of fire blocking, flammable support beams, inadequate fire separation, improperly braced stairs of inadequate width, lack of basement apartment bedroom windows and low basement ceilings that would contribute to smoke accumulation and prevent egress in an emergency. The Safety Board also held that the building could be occupied safely only as a single family dwelling, or possibly as a two-unit. The Lake Superior Court affirmed the Safety Board in a judicial review trial.