San Diego

Apartment complex near USD facing lawsuit for unsafe conditions, high rent

Parents and students are concerned about the living conditions at a student housing unit near the University of San Diego.

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Parents and students are concerned about the living conditions at a student housing unit near the University of San Diego. They say the building is not safe, but they have to continue to dish out thousands of dollars every month to live there. 

“I have a brand-new freshman in college and I know when parents send their kids off to school, they’re trying to find the best place they can put their kids,” said San Diego city attorney Mara Elliot.  

She said some families are being forced to choose between price and safety.  

“I really feel for these parents and for these kids who trusted that they were going to be treated fairly,” Elliot said.  

A civil complaint was filed against the owners of The Carl, a 14-unit apartment complex located near the University of San Diego at 1211 Mollie St. The complaint said college students spent months living in unsafe living conditions, while the property’s owners continued to illegally profit by charging steep rents.   

“Code enforcement, the fire department went out dozens of times to that property to let them know, ‘Hey, we looked at your systems and they are not in compliance,’” she said.  

The property was originally developed in 1974 as a single-family home. In 2022, the building owners tore it down and built The Carl. By August 1, 2023, students were signing leases and ready to move in, some spending up to $4,2000 dollars a month.  

“Before you take major steps to demolish let’s say that single family dwelling, the owner needed to come to the city to get a demolition permit.  They didn’t do that,” she said.  

The complaint filed Monday against the building owners and operators wants the court to pay students back.  

“We’re requiring them to follow the law, make sure this building is safe for these kids to inhabit and if we’re fortunate and we’re hoping that we will be, we can get restitution for the kids who’ve lived in this unpermitted building for all this period of time,” she said.  

She said units were being leased before there was a working fire system installed and it did not go through all required inspections.   

“It’s expensive sometimes to follow the law,” she said.  

Because the building does have a working fire system now, the city is not forcing students to move out, immediately. But the city said it still has not had an opportunity to inspect and approve its occupancy permit for The Carl. The city attorney said cases like this could take anywhere from a few months to a few years to be resolved.

NBC 7 did reach out to the owners of The Carl but has not heard back. 

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