Pasadena and Altadena renters whose homes were covered in toxic ash during January’s wildfires are now suing local officials for allegedly failing to inspect their units and require landlords to carry out necessary cleaning.

Individual renters, along with two tenant unions, filed lawsuits Wednesday against the city of Pasadena and the L.A. County Department of Public Health. Citing previous LAist reporting, the complaints allege local officials have refused to enforce tenants’ right to a safe, habitable home.

Public health officials have warned residents that ash carried by the Eaton Fire contains levels of lead harmful to human health.

But the renters say that when they asked the city and county to intervene with landlords who refused to arrange for professional cleaning, they were told they needed to hire lawyers and pursue civil cases on their own.

“It felt like, because we weren’t homeowners, we weren’t really being taken seriously,” said plaintiff Brenda Lyon.

The other plaintiffs include the Pasadena Tenants Union, the recently formed Altadena Tenants Union and three other renters who allege Pasadena and L.A. County officials failed to uphold their legal obligation to enforce habitable housing conditions.

The city of Pasadena declined to comment on the lawsuits. County authorities have not yet responded to LAist’s request for comment.

Local officials told renters to take their issues to court

Lyon said she, her husband and their baby were forced to leave their duplex unit in Pasadena’s Bungalow Heaven neighborhood when the Eaton Fire ignited on Jan. 7.

After the fires died down and the family was able to return, Lyon said they found the home covered in ash and soot. When she asked her landlord about plans for cleaning, she said she was told no remediation work would be provided, and if she didn’t like it, she could move out.

Lyon said she pleaded with Pasadena officials to enforce her family’s right to a habitable home, but the city’s response was to tell her to pursue a civil case against her landlord.

“We were displaced for three months,” Lyon said. “We used our own personal money” to deal with smoke damage, she added.

Pasadena renter Brenda Lyon speaks at a podium in front of a downtown Los Angeles courthouse.

How Pasadena and L.A. County are responding

In response to LAist’s questions about the lawsuit, Pasadena city spokesperson Lisa Derderian said in an email: “The city has not been served with the lawsuit so can’t comment at this time.”

Earlier this year, Pasadena officials told LAist that disputes over ash can lead to civil cases between landlords and tenants. They told tenants that the city will not get involved because the word “ash” is not specifically mentioned in the city’s building code.

LAist also reached out to the L.A. County Department of Public Health for comment. Officials did not respond in time for this story.

Looking ahead to future fires

Attorney Lena Silver with Neighborhood Legal Services of Los Angeles, who is representing tenants in both lawsuits, said the goal is to obtain a court order requiring local officials to inspect rental housing and enforce habitability standards when it comes to wildfire smoke damage.

“No one here is seeking money — we’re seeking enforcement of the law,” Silver said. “Unfortunately, we know that it’s likely that there could be future urban fires in Los Angeles and in California. Our lawsuit would help future tenants clarify the law.”

The question of who is responsible for cleaning apartments coated in ash after a wildfire has been a source of much confusion for tenants, landlords and local government agencies.

For example, after a code enforcement director in the city of L.A. said tenants would be responsible for cleaning ash inside their own units, city housing officials later changed their guidance and said landlords are responsible for such work.

It’s standard for renters insurance policies to cover damage to a tenant’s personal property, such as their furniture and clothing. But damage to the actual home — including the walls, windows and HVAC systems — is typically addressed by landlords through their homeowners insurance policies.

However, some landlords have told tenants they fear that filing a smoke damage claim could cause their insurance costs to rise.

Where displaced renters have been staying

Landlord refusals have left some renters unable to return to their homes, forcing them to pay for temporary relocation costs on top of their usual rent.

“We hear from families who are living in their cars and edging closer to homelessness every single day,” said Katie Clark, an organizer with the Altadena Tenants Union. “Throughout all of this, Los Angeles County has been virtually silent.”

Clark said other renters have had no choice but to return to smoke-damaged units and suffer the negative health consequences.

Lyon, the Pasadena renter, was able to get her landlord to agree to finish cleaning after Neighborhood Legal Services sent the landlord a demand letter. But she said this lawsuit is needed because many tenants cannot afford an attorney or find free legal aid.

“[Renters] should feel comfortable saying, per the state of California, my property is not habitable,” Lyon said. “Their city should support them and say, ‘You know what, we’re going to send someone to do a check on your property, and then if your landlord doesn’t comply, we’re going to do a citation.’

“That’s why we’re here today — to protect tenants of the future.”

The lawsuits were filed in Los Angeles County Superior Court.