GLENDALE, Wis. — Tenants are now suing the developer of an apartment building near Bayshore in Glendale after toxic chemicals were detected.
Several units were evacuated last month at the Lydell Apartments. The North Shore Health Department issued an emergency order after testing found high levels of a potential cancer-causing chemical known as TCE.
In a new lawsuit, obtained Thursday by TMJ4 News, residents claim the developer, Cypress Bayshore Residential, LP., never told them about the issues before they signed their leases.
- BACKGROUND: Property management firm overseeing The Lydell terminates agreement after carcinogen found in apartments
- TENANT OFFER: $500 reimbursement for evacuated Lydell Apartment residents near Bayshore
The lawsuit alleges that the developer wanted to "downplay the severity of exposing Lydell tenants to TCE." An email from the developer said to not "make it sound like the (tenants) have had a month-long exposure to the plague."
Tenants were allegedly told that the TCE levels were "not a big deal" and that government officials were "blowing the situation out of proportion."
The lawsuit also claims Cypress was advised in mid-June of this year not to accept any new tenants in Building 3 due to ongoing, elevated TCE levels. However, they allegedly "continued to place new tenants into Building 3" as late as July 3, 2023.
By July 17, ongoing elevated levels were detected and resulted in the evacuation of six units. The remaining tenants have since been offered $500 in exchange for terminating their lease agreements. However, the lawsuit claims, "any tenant must fully release any and all claims against Defendants and related entities as well as keep the terms of the agreement confidential."
Glendale Mayor Bryan Kennedy has previously stated the fault falls on the developers for not ensuring compliance with the DNR's testing requirements.
"Just because the city says yes it's structurally sound, your plumbing's good, your HVAC is good, your electrical is good — they also have to wait for the DNR to say your air quality passed the inspection, your mitigation system is working," Kennedy previously told TMJ4 News.
Lincoln Residential, the property management firm at the building, has since terminated its contract with the developers. They claim they were unaware of the TCE levels or testing requirements.
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