{Mark was may" ?4 HAMILTON COUNTY MUNICIPAL COURT HAMILTON e92 Patricia Taylor Case NoCincinnati, OH 45205 Judge Plaintiff, Complaint for Injunctive Relief and -vs . MAMMoney Damages Terrence Ahern 0 M- Demand Endorsed Hereon and ex, W. "'77 Hearne Homes, LLC (i -- - 5: Florence, KY 41005 i Defendants. ""1104672 4. Hearne Homes LLC is a defunct Kentucky Limited Liability Company. Records of the Kentucky Secretary of State re?ect that the corporation was ?administratively dissolved? in 2011 and that its present status is ?inactive? and its standing is ?bad.? Hearne Homes is not registered in Ohio as either a foreign corporation or an Ohio corporation. Hearne Homes LLC is a landlord as de?ned by RC. 5321.01. Facts 5. Hamilton County Auditor records re?ect that Terrence Ahern purchased 749 Fairbanks Avenue in 2004, and transferred it in 2013, along with 29 other properties, to Hearne Homes LLC. 6. Upon information and belief, Terrence Ahern is an owner of Hearne Homes and 4 has personally maintained control of properties owned by Hearne Homes, including 749 Fairbanks. 7. Terrence Ahern is the customer of record of Greater Cincinnati Water Works (GCWW) for water service to 749 Fairbanks. 8. GCWW disconnected water service to 749 Fairbanks in November, 2013, due to delinquent sewer and water bills. At that time, Ahern owed $1,187. The GCWW meter recorded no water usage at the property between November, 2013, and June,2o15. 9. 749 Fairbanks is one of only numerous properties on which Ahern has failed to pay water and sewer bills. In March, 2015, Ahern entered into a repayment agreement with GCWW. The agreement covered other properties but expressly speci?ed that service to 749 Fairbanks would not be restored without payment in full of the outstanding balance owed for that property. 10. Upon information and belief, the unpaid balance for Ahern?s GCWW accounts totals over $40,000. As of June 1, 2015, the outstanding balance for 749 Fairbanks was approximately $1,500. 11. In late May, 2015, Ahern entered into a rental agreement with Patricia Taylor for 749 Fairbanks. To induce her to enter into the rental contract, Ahern represented that, other than some broken windows, everything was in good working order. 12. After paying Ahern $1,750 and giving him a relocation voucher from the City of Cincinnati, Ms. Taylor and her family moved into 749 Fairbanks on or about June 2, 2015. 2 \Taylor, Patricia 15\Taylor Ahearn c0mplaint.docx 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. There was no water service when they moved in. Ahern told her that the only problem was a broken water meter, which was scheduled to be replaced by GCWW. The building also had numerous broken windows, which Ahern promised to ?x within two weeks. On May 27, 2015, the City of Cincinnati inspected the property and ordered that windows be replaced. By the second week of June, there was still no water. Ms. Taylor called GCWW and was told that water would not be restored until Mr. Ahern paid his water bill. When Ms. Taylor told Ahern of her conversation with GCWW, he told her she had no business contacting GCWW and repeated that the only obstacle to service was a new meter. Ahern falsely and knowingly stated that the bill for 749 Fairbanks was included in a repayment agreement with GCWW. On June 8, installed a meter and the worker mistakenly turned the water on. As soon as the water came on, water sprayed from leaking pipes throughout the house, both in the basement and inside the walls and ceiling of the living quarters. On June 12, 2015, GCWW again disconnected the water because of Ahern?s unpaid bill. After moving in, Ms. Taylor asked Duke to connect gas and electric service. Duke was unable to connect the gas because of a gas leak. Duke informed her that service had previously been ?red tagged? because of a gas leak. Ahern provided a gas kitchen range, but it has been unusable because there is no gas service. Ms. Taylor has thus been unable to use the stove. In the ?rst heavy rain after Ms. Taylor and her family moved into the hoe, water leaked badly from the roof into the living quarters. Ahern has not paid the water bill, repaired the gas leak, or replaced all of the windows. After almost one month in the home, the Taylor family has no water for toileting, bathing, cooking, and all other water needs, is unable to use the kitchen range, has a board covering at least one window, and the roof leaks when it rains. On or about June 15, Ahern offered to move Ms. Taylor into another house owned in the name of Hearne Homes. He told her that he would require an additional Patricia 15\Tayior Ahearn complaintdocx 24. 25. 26. 27. 28. 29. 3o. 31. 32. 33- $200 security deposit and $100 rent for the replacement house. At that time there were numerous open City orders against that property. Ms. Taylor has suffered both ?nancial and emotion damage as a direct result of Mr. Ahern?s false representations and actions. First Claim Breach of Landlord Duties Plaintiff restates and incorporates each of the preceding paragraphs as if fully restated. Defendants failed to provide running water and maintain the rental premises in accordance with the requirements of RC. 5321.04. Defendants have failed to maintain Plaintiff 5 home in decent, safe and sanitary condition in violation of Ohio Revised Code 5321.04, the parties? lease contract, and the warranty of habitability. Defendants? failure to repair the foregoing conditions violates Ohio Revised Code 5321.04. Defendants? breach of contract and/ or a breach of any duty that is imposed by law constitute a violation of RC. 5312.12. Defendants acted with reckless or intentional disregard for Plaintiff 5 rights. Pursuant to RC. 5321.12, Defendants? actions give rise to a claim for damages. Defendants? failures in these regards are willful and in intentional disregard of Plaintiff health, safety and emotional well-being. As a direct and proximate resulti of Defendants? negligent, reckless, and/or intentional in?iction of emotional distress by its failure to meet the obligation to maintain the premises in a decent, safe, and sanitary condition, Plaintiff has suffered insult, humiliation, and emotional and physical distress. Plaintiff is, therefore, entitled to compensatory and punitive damages. Fraud Plaintiff incorporates each of the preceding paragraphs as if fully restated. With the purpose of inducing Plaintiff to enter into a rental contract and make payments to plaintiff, Defendant Ahern knowingly made material, false statements about the condition of the rental premises, misrepresenting the 4 Patricia 15\Taylor Ahearn complaintdocx 34? 35- 36. 37- 38. 39- 4o. 41. 42. 43! 44. premises as in working condition when he knew that neither water nor gas service was available. Defendant Ahern knew that water service would not be connected to the rental premises until he paid an outstanding water bill and that he had not paid that bill. Defendant Ahern knowingly and falsely represented that the only obstacle to water service was the installation of a new meter. Once the true facts were known, Ahern still failed to pay the bill. Plaintiff was entitled to and did reasonably rely on defendant Ahern?s false representations to her detriment. As a direct and proximate result of Defendant Ahern?s false representations, Plaintiff has been damaged and is entitled to recover compensatory damages, and all costs and reasonable fees. Third Claim Negligence Plaintiff realleges and incorporates by reference each of the preceding paragraphs as though fully rewritten-herein. Defendants? actions and inactions constitute negligence of their duty of ordinary care owed to Plaintiff. Defendants? actions and inactions toward Plaintiff constitute negligent repair of problems at the premises. Defendants? actions and inactions constitute negligence per se based on the failure to comply with statutory obligations pursuant to Ohio Revised Code FOURTH CLAIM Intentional In?iction of Emotional Distress Plaintiff realleges and incorporates by reference each of the preceding paragraphs as though fully rewritten herein . As described above, Defendant Ahern intentionally or recklessly ignored his legal obligations as and Ohio and Cincinnati landlord. Defendant Ahern?s actions are extreme and outrageous. 5 Patricia 15\Taylor Ahearn complaintdOCX 45. As a direct and proximate result of Defendant Ahern?s intentional, reckless, and/or negligent in?iction of emotional distress, Plaintiff suffered severe humiliation, distress, depression, and anxiety. 46. Defendant Ahern knew or should have known his. actions would cause Plaintiff severe emotional distress. 47. Defendant Ahern acted in bad faith, vexatiously, wantonly,obdurately, or for oppressive reasons. 48. As a result, Defendant Ahern is liable to Plaintiff for actual and punitive damages, attorney fees, and/ or all other relief the Court may award. I WHEREFORE, Plaintiff respectfully asks this Court to: a. Issue an order for Defendants to bring and subsequently maintain the premises at 749 Fairbanks, Cincinnati, OH into compliance with all applicable laws; b. Award Plaintiff actual, compensatory, and punitive damages against the defendants jointly and severally in an amount to be determined at trial on all claims not to exceed $15,000; 0. Award Plaintiff the costs of this action, including reasonable attorneys? fees; and d. Grant all other relief that the court ?nds and equitable. Respectfull. bm' A - 4 Noel Morgarl??okof?gi? Attorney for Patricia Taylor Legal Aid Society of South st Ohio, LLC 215 East Ninth Street, Suite 500 Cincinnati, Ohio 45202 (513) 362-2837; (513) 241-1187 (fax) Email: nmorgan@lascinti.0rg ug Demand Defendant requests jury trial on all matter 5 riable. Attorney at Law 6 Patricia 15\Taylor Ahearn complaint.docx