IN THE COURT OF COMMON PLEAS

COUNTY OF RICHLAND

C.A. No. ___________________________

Tammy L. Basinger and Khaylis C. Scott,
individually and on behalf of all others
similarly situated,
Plaintiffs,
v.
Housing Authority of the City of Columbia
a/k/a Columbia Housing Authority,
Defendant.

SUMMONS
TO: HOUSING AUTHORITY OF THE CITY OF COLUMBIA A/K/A COLUMBIA
HOUSING AUTHORITY
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of
which is herewith served upon you, and to serve a copy of your Answer to said Complaint upon
the subscriber at his office at 140 Wildewood Park Drive, Suite A, Columbia, South Carolina,
29223 within thirty (30) days after the service hereof, exclusive of the day of such service, and if
you fail to answer the Complaint within the time aforesaid, judgment by default will be rendered
against you for the relief demanded in the Complaint.
SIGNATURE BLOCKS ON NEXT PAGE.

1

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

STATE OF SOUTH CAROLINA

 s/ David Proffitt__________________
David Proffitt, SC Bar ID No. 11193
Ronald B. Cox, SC Bar ID No. 11129
140 Wildewood Park Drive, Suite A
Columbia, S.C. 29223
Telephone: (803) 834-7097
Fax: (888) 711-1057
Email: dproffitt@proffittcox.com
Email: rcox@proffittcox.com
DAVE MAXFIELD, ATTORNEY, LLC
s/ David A. Maxfield_______________
David A. Maxfield, Esq., SC Bar ID No. 7163
5217 N. Trenholm Road, Suite B
Columbia, SC 29206
Telephone: 803-509-6800
FAX: 855-299-1656
Email: dave@consumerlawsc.com
Attorneys for Plaintiffs
January 23, 2019

2

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

PROFFITT & COX, LLP

 IN THE COURT OF COMMON PLEAS

COUNTY OF RICHLAND

C.A. No. ___________________________

Tammy L. Basinger and Khaylis C. Scott,
individually and on behalf of all others
similarly situated,
Plaintiffs,
v.
Housing Authority of the City of Columbia
a/k/a Columbia Housing Authority,
Defendant.

CLASS ACTION COMPLAINT
(JURY TRIAL DEMANDED)
Plaintiffs Tammy L. Basinger and Khaylis C. Scott, individually, and on behalf of all others
similarly situated, by and through their undersigned counsel, and complaining of the Defendant
above-named, would show this Court:
JURISDICTION
1.

Plaintiff Tammy L. Basinger is a resident of Richland County, South Carolina, and a

tenant of Allen Benedict Court, a housing complex owned and managed by Defendant Housing
Authority of the City of Columbia a/k/a Columbia Housing Authority.
2.

Plaintiff Khaylis C. Scott is a resident of Richland County, South Carolina, and a

tenant of Allen Benedict Court, a public housing complex owned and managed by Defendant
Housing Authority of the City of Columbia a/k/a Columbia Housing Authority.
3.

On information and belief, Defendant Housing Authority of the City of Columbia,

a/k/a Columbia Housing Authority, is a public body and a body corporate and politic organized

3

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

STATE OF SOUTH CAROLINA

 County, for the purpose of providing adequate housing for qualified low-income individuals.
4.

The most substantial part of the alleged acts or omissions giving rise to the cause

of action occurred in Richland County.
5.

This Court, as a court of general jurisdiction in South Carolina, has subject matter

jurisdiction over this lawsuit and personal jurisdiction over the parties.
6.

Venue is proper in Richland County.
FACTUAL ALLEGATIONS

7.

Defendant Housing Authority of the City of Columbia, a/k/a Columbia Housing

Authority (“CHA”) operates a multi-unit apartment complex known as Allen Benedict Court and
located at 1810 Allen Benedict Court in Columbia, South Carolina.
8.

On information and belief, the Allen Benedict Court complex includes 26 buildings

and 244 apartments.
9.

On information and belief, the Allen Benedict Court complex was built in 1940.

10.

In or about 2014, Plaintiff Tammy L. Basinger signed a lease agreement to rent an

apartment at Allen Benedict Court.
11.

In or about January 2017, Plaintiff Khaylis C. Scott signed a lease agreement to

rent an apartment at Allen Benedict Court.
12.

On information and belief, the lease agreements into which Plaintiffs and

Defendant entered contain standard language common to all Class members’ leases, pursuant to
which Defendant undertook and agreed, among other things, to regularly clean all common areas,
maintain the buildings in a safe and habitable condition, and make all necessary maintenance and
repairs with reasonable promptness.
13.

Plaintiffs have experienced and know other tenants who have experienced

suspected or known leaks of gas in their apartments for months or years at Allen Benedict Court.
14.

On information and belief, the stoves/ranges and heating systems at Allen Benedict

Court use gas to operate.
4

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

under the laws of the State of South Carolina by the City of Columbia, located in Richland

 On information and belief, the appliances and heating systems have been poorly

maintained and not timely or properly repaired or replaced for months or years, resulting in
repeated and ongoing known and suspected gas leaks in a substantial number of apartments.
16.

On information and belief, on or about January 18, 2018, Columbia public safety

officials ordered an evacuation of Allen Benedict Court after two men were found dead following
a gas leak in apartments at the complex.
17.

On information and belief, initial inspections by Columbia Fire Department and

public safety officials revealed numerous gas leaks in multiple buildings and at least 63 apartments.
18.

On information and belief, an estimated 411 residents of Allen Benedict Court

including Plaintiffs, were ordered to move out of their apartments.
19.

On information and belief, Defendant has temporarily housed the residents in hotels

throughout the Midlands area.
20.

On information and belief, Plaintiffs and other tenants of Allen Benedict Court for

months or years have repeatedly reported ongoing known and suspected gas leaks to management
officials at Allen Benedict Court.
21.

On information and belief, have failed or refused to take any meaningful action to

correct the problems after receiving repeated complaints and reports of gas leaks from Plaintiffs
and other tenants for months or years.
22.

On information and belief, Defendant, due to its lack of concern for this serious

health and safety issue, deprived Plaintiffs of the use and enjoyment of their apartments, created
unfit and unsafe living conditions for the residents, and caused Plaintiffs to suffer extreme
emotional distress and fear.
23.

Defendant must comply with all applicable building and housing codes materially

affecting health and safety.
24.

Defendant must do whatever is reasonably necessary to put and keep the premises

in a fit and habitable condition.

5

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

15.

 Defendant has failed – even after repeated notice – to remedy a condition that they

knew materially affected health, safety, habitability and cleanliness.
26.

Defendant’s failure to address the known or suspected gas leaks in numerous

buildings and apartments at Allen Benedict Court has materially affected the health and safety of
all of the residents, putting them at increased risk of injury, serious medical conditions and death.
27.

As a direct and proximate result of Defendant’s acts or omissions, Plaintiffs – and

all others similarly situated – have suffered a loss of the enjoyment and value of apartments they
had paid for, were placed risk of severe injury and death, and have suffered other damages, in an
amount to be determined by the trier of fact.
28.

Plaintiffs and the Class members described below are entitled to recover for all such

damages and request same. Plaintiff further seeks injunctive relief requiring the immediate
remediation of the gas leaks by Defendant and enjoining the renting of any apartments to new
occupants pending its completion.
29.

Plaintiff and Class members do not seek recovery of damages for medical expenses

or personal injury.
CLASS ACTION ALLEGATIONS
30.

Plaintiffs incorporate each of the foregoing allegations as fully as if repeated herein

verbatim.
31.

Plaintiffs bring this suit individually and as a class action under Rule 23 of the

South Carolina Rules of Civil Procedure, on behalf of themselves and all other similarly situated
persons as members of a class initially defined as:
For the period of three years preceding the filing of this Complaint until the present
date and continuing during the pendency of this action, all current and former
tenants who signed a lease agreement and made rental payments to the Housing
Authority of the City of Columbia a/k/a Columbia Housing Authority.
32.

The class defined herein is so numerous that joinder of all members is

impracticable. Class members can be identified by records maintained by Defendant.
6

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

25.

 There are questions of law or fact common to the class. Common questions of law

and fact include whether Defendant failed in their statutorily-imposed, contractual, and common
law duties to comply with codes materially affecting health and safety, to keep premises in a fit
and habitable condition, and whether the Plaintiffs and the Class members have suffered damages
because of Defendant’s negligent or wrongful acts or omissions; whether Defendant’s acts violated
the South Carolina Landlord Tenant Act, and whether Plaintiffs and the Class members are entitled
to injunctive relief.
34.

The claims or defenses of the representative parties are typical of the claims or

defenses of the class. Plaintiffs’ claims are typical of the claims of members of the Class because
all suffered the same type of damages arising out of Defendant’s wrongful conduct as described
herein. Specifically, the claims of Plaintiffs and Class members arise from Defendant’s failure to
remedy the health and safety threat posed by the repeated and ongoing gas leaks.
35.

The representative parties will fairly and adequately protect the interests of the

class. Plaintiffs have retained counsel competent and experienced in class action lawsuits.
Plaintiffs have no interests antagonistic or in conflict with those of Class members and therefore
is an adequate representative for Class members.
36.

The amount of damages in controversy for each member of the class exceeds

$100.00.
FOR A FIRST CAUSE OF ACTION
(Violation of S.C. Residential Landlord and Tenant Act)
37.

Plaintiffs incorporate all prior allegations as if fully reiterated verbatim herein.

38.

Defendant’s failure to maintain a healthy and safe premises violates the S.C.

Residential Landlord and Tenant Act, S.C. Code Ann. §§ 27-40-220, 27-40-440, 27-40-610, 2740-630, 27-40-660 and 27-40-910, and the codes incorporated therein by reference.
7

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

33.

 Defendant’s noncompliance was willful because they had actual knowledge of the

problem yet took no corrective action.
40.

Defendant has violated S.C. Code Ann. § 27-40-440 in that it has failed to maintain

the premises in such a manner that they are safe, fit and habitable, proximately causing Plaintiffs
and Class members to suffer actual damages.
41.

Plaintiff and Class members are informed and believed that pursuant to S.C. Code

Ann. § 27-40-610(b), they are entitled to an award of actual damages, and because the breach was
willful, an award of attorney’s fees from Defendant.
42.

Plaintiffs and Class members are entitled to injunctive relief and an order of the

Court pursuant to S.C. Code Ann. § 27-40-610(b) requiring Defendant to put Allen Benedict Court
in a fit and habitable condition.
43.

Defendant’s acts and omission in making Plaintiffs’ and Class members’

apartments unsafe and uninhabitable amounts to a constructive or actual ouster of Plaintiffs and
Class members.
44.

Plaintiffs and Class members are informed and believe that pursuant to S.C. Code

Ann. § 27-40-660, they are entitled to award of damages in the amount of the greater of three
months’ rent or two times actual damages by them sustained, as well as an award of attorney’s
fees from Defendant.
45.

On information and belief, Defendant has violated S.C. Code Ann. § 27-40-910,

and Plaintiffs and Class members have suffered actual damages.
46.

Plaintiffs are informed and believe that pursuant to S.C. Code Ann. § 27-40-

910(h), and as recompense for having to suffer such actual or threatened retaliation, Plaintiffs and

8

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

39.

 actual damages sustained by each of them, as well as an award of attorney’s fees from Defendant.
47.

Plaintiffs and Class members do not seek recovery of damages for medical

expenses or personal injury.
FOR A SECOND CAUSE OF ACTION
(Negligence / Gross Negligence / Negligence Per Se)
48.

Plaintiffs incorporate all prior allegations as if fully reiterated verbatim herein.

49.

Defendant was negligent, careless, grossly negligent, reckless, willful and wanton

in one or more of the following ways:
a. In failing to properly maintain Allen Benedict Court in a safe, fit and habitable
condition and in allowing repeated and ongoing known and suspected gas leaks;
b. In failing to timely address health and safety hazards at Allen Benedict Court;
c. In failing to exercise due care in the selection or hiring of employees, agents or
subcontractors to manage the complex and/or perform necessary maintenance and
repairs at Allen Benedict Court;
d.

In failing to adequately monitor and supervise the employees, agents or

subcontractors that were hired to manage the complex and perform maintenance
and repairs at Allen Benedict Court;
e. In failing to exercise due care in the maintenance and repair of Allen Benedict
Court;
f. And in such other and further ways that shall be discovered in this litigation.
50.

Defendant’s breach violated their statutorily and other mandated duties to protect

the safety of tenants and residents and maintain the apartments in a safe, fit and habitable condition.

9

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

Class members are entitled to an award of damages the greater of three months’ rent or treble the

 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff and

Class members have been caused to suffer actual damages. Plaintiff is informed and believes that
she and Class members are entitled to compensation from Defendant for the same, as well as an
award of punitive damages from Defendant for their willful, wanton and reckless disregard of their
rights and properly, both jointly and severally.
52.

Plaintiff and Class members do not seek recovery of damages for medical expenses

or personal injury.
FOR A THIRD CAUSE OF ACTION
(Civil Conspiracy)
53.

Plaintiffs incorporate all prior allegations as if fully reiterated verbatim herein.

54.

Defendant combined and conspired with one another and others to wrongfully

obtain rents and/or rental equivalents, and other money, to which they are and were not entitled or
to otherwise injure Plaintiff and Class members.
55.

Plaintiffs and Class members are informed and believe that these actions and

omissions were undertaken by Defendant recklessly and in malicious disregard of the rights of
Plaintiff and Class members.
56.

As a direct and proximate result of such combination and conspiracy, Plaintiffs and

Class members have suffered special damages as aforementioned, including but not limited to
exposure to substandard living conditions and the damages flowing therefrom and are entitled to
compensation from Defendant for all such damages, as well as an award of punitive damages for
Defendant’ reckless disregard of plaintiffs and Class members’ rights, both jointly and severally.
57.

Plaintiffs and Class members do not seek recovery of damages for medical

expenses or personal injury.

10

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

51.

 58.

Plaintiffs incorporate all prior allegations as if fully reiterated verbatim herein.

59.

Implied in Plaintiffs’ and Class members’ leaseholds are the express and implied

warranties of habitability and quiet enjoyment.
60.

Defendant’s failure to maintain a safe, healthy and livable premises violates the

express and implied warranties of habitability and quiet enjoyment.
61.

Defendant knew or should have known of the repeated and ongoing gas leaks that

created the unhealthy and unsafe conditions, but failed to correct same.
62.

Plaintiffs and Class members are informed and believe that as a direct and

proximate result of Defendant’s acts and omissions as described herein, they have sustained actual
damages.
63.

Plaintiffs and Class members are informed and believe that they are entitled to

recover compensation from Defendant for the same, as well as an award of punitive damages for
Defendant’s willful, wanton and reckless disregard of their rights.
64.

Plaintiffs and Class members do not seek recovery of damages for medical

expenses or personal injury.
FOR A FIFTH CAUSE OF ACTION
(Breach of Contract)
65.

Plaintiffs incorporate all prior allegations as if fully reiterated verbatim herein.

66.

Plaintiffs and Class members entered into a written contract and lease agreement

with Defendant for the rental of apartments, and implied in that contract was a duty or covenant of
good faith and fair dealing.

11

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

FOR A FOURTH CAUSE OF ACTION
(Breach of Warranties of Habitability and Quiet Enjoyment)

 Plaintiffs and Class members performed all conditions precedent to faithful

performance of that contract by Defendant.
68.

Defendant, by its acts and omissions as described herein, failed to perform such

contract and breached the same, including, but not limited to, a breach of their duty to maintain
Allen Benedict Court in a safe, fit and habitable condition.
69.

As a direct and proximate result of Defendant’s acts and omissions, Plaintiffs and

Class members have suffered actual damages, and are informed and believe that they are entitled
to compensation from Defendant for such actual damages.
70.

Plaintiffs and Class members do not seek recovery of damages for medical

expenses or personal injury.
FOR A SIXTH CAUSE OF ACTION
(Unjust Enrichment)
71.

Plaintiffs incorporate all prior allegations as if fully reiterated verbatim herein.

72.

By signing their lease agreements, Plaintiffs and Class members enabled Defendant

to collect fair market rent or rental equivalents for the multi-unit complex at Allen Benedict Court
as if they were in and would be maintained in a safe, fit and habitable condition, thereby conferring
a non-gratuitous benefit upon Defendant.
73.

Defendant has realized such benefit in the form of fair market rents or rental

equivalents based upon the presupposition that the apartments were habitable and would be
maintained by them, and has been unduly enriched by the same due to the fact that the apartments
for which they were receiving fair market rent were not fit and habitable and were not maintained
by them.

12

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

67.

 Plaintiffs and Class members are informed and believe that allowing Defendant to

retain the benefit of fair market rental value of habitable apartments is inequitable, given the fact
that the apartments were not fit and habitable.
75.

Plaintiffs and Class members are informed and believe that they are entitled to

have Defendant disgorge the difference between the fair market rents or rental equivalents
collected for habitable apartments and the actual rental value, if any, for the apartments at Allen
Benedict Court, plus interest.
76.

Plaintiffs and Class members do not seek recovery of damages for medical

expenses or personal injury.
FOR A SEVENTH CAUSE OF ACTION
(Injunctive Relief)
77.

Plaintiffs incorporate all prior allegations as if fully reiterated verbatim herein.

78.

Plaintiffs and Class members entered into a written contract and lease agreement

with Defendant for the rental of apartments.
79.

Defendant, by its acts and omissions as described herein, failed to perform such

contract and breached the same, including, but not limited to, a breach of their duty to maintain
Allen Benedict Court in a safe, fit and habitable condition.
80.

Defendant breached its duty in one or more of the ways described herein.

81.

Plaintiffs and Class members have a right to injunctive relief to ensure that the

apartments are in a safe and habitable condition, and free of known or suspected gas leaks.
82.

Plaintiffs and Class members assert that the damage is irreparable.

83.

Plaintiffs and Class members assert that the remedy at law is inadequate to prevent

a failure of justice.

13

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

74.

 Plaintiffs and Class members are entitled to a permanent injunction requiring

Defendant to take all steps necessary to ensure relief to ensure that the apartments at Allen Benedict
Court are in a safe and habitable condition, and free of known or suspected gas leaks.
DEMAND FOR JURY TRIAL
Plaintiffs and Class members demand a jury trial on all causes of action to which they are
entitled by a jury of their peers.
PRAYER FOR RELIEF
WHEREFORE, as the amount in controversy, exclusive of interest and costs, is less than
Five Million Dollars ($5,000,000.00), and having fully set forth her Complaint, Plaintiff and Class
members pray that the Court grant by verdict or judgment an award of all damages they may
recover under the law under all causes of action in this Complaint, including actual damages,
consequential damages, special damages and punitive damages in an amount to be determined by
a jury, and declaratory and injunctive relief, including attorney’s fees and costs as allowed by any
statute or court rule, and such other and further relief as the Court may deem just and proper.
Specifically, Plaintiffs and Class members seek:
a. On the First Cause of Action (S.C. Landlord-Tenant Act), an award of
(1) actual damages plus attorney’s fees and costs, in addition to an order of the
Court requiring Defendant to put Allen Benedict Court in a fit and habitable
condition, all pursuant to S.C. Code § 27-40-610(b); and/or
(2) the greater of actual damages doubled pursuant to statute or the equivalent of
three months’ rent, plus attorney’s fees, pursuant to S.C. Code § 27-40-660; and/or
(3) the greater of treble actual damages or the equivalent of three months’ rent,
plus attorney’s fees, pursuant to S.C. Code § 27-40-910(h);
b. On the Second Cause of Action (Negligence), an award of actual and punitive damages;
c. On the Third Cause of Action (Civil Conspiracy), an award of special and punitive
damages;
14

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

84.

 Enjoyment), an award of actual and punitive damages;
e. On the Fifth Cause of Action (Breach of Contract), an award of actual damages;
f. On the Sixth Cause of Action (Unjust Enrichment), an award of disgorgement of the
difference between the total rents actually collected by Defendant based upon the
presupposition that the apartments were habitable and the real rental values of those
apartments, if any, in the actual uninhabitable condition, plus interest;
g. On the Seventh Cause of Action (Injunctive Relief), a court order and permanent
injunction requiring Defendant to take all steps necessary to ensure relief to ensure that the
apartments at Allen Benedict Court are in a safe and habitable condition, and free of known
or suspected gas leaks;
g The costs of this action; and
h. Such other and further damages and relief as the Court deems appropriate.
Respectfully submitted,

SIGNATURE BLOCKS ON NEXT PAGE.

15

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

d. On the Fourth Cause of Action (Breach of Warranties of Habitability and Quiet

 s/ David Proffitt__________________
David Proffitt, SC Bar ID No. 11193
Ronald B. Cox, SC Bar ID No. 11129
140 Wildewood Park Drive, Suite A
Columbia, S.C. 29223
Telephone: (803) 834-7097
Fax: (888) 711-1057
Email: dproffitt@proffittcox.com
Email: rcox@proffittcox.com

DAVE MAXFIELD, ATTORNEY, LLC
s/ David A. Maxfield_______________
David A. Maxfield, Esq., SC Bar ID No. 7163
5217 N. Trenholm Road, Suite B
Columbia, SC 29206
Telephone: 803-509-6800
FAX: 855-299-1656
Email: dave@consumerlawsc.com
Attorneys for Plaintiffs
January 23, 2019

16

ELECTRONICALLY FILED - 2019 Jan 23 6:06 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000461

PROFFITT & COX, LLP