In directly addressing the habitability issue, we note that a
major but absent character in this lawsuit is Brandvold. He was
the on-site manager of the trailer court and, in theory, the
conduit through which all information traveled between landlords
and tenants. The record indicates that Brandvold was not
accountable to :either the tenants :or the landlords in almost
every action that took place. Brandvold also violated his own rule
of "no junk vehicles in the trailer courtu by himself repairing,
dismantling and parking vehicles in various stages of disrepair at
the trailer court site. A careful review of the record also
indicates that due to the recurring nature of the problems and the
fact that Brandvold did little or nothing about the complaints, the
tenants obviously felt a sense of futility, many of them indicating
that making a complaint to him was in vain. Further, when tenants
did complain many of them testified that they were met with threats
of eviction from Brandvofd.
While we sympathize with the landlords1 apparent misfortune in
relying on a manager who only paid "lip servicetg to their
instructions and directives, they still must be held accountable
for his actions or inactions. In this light, we note that Magruder
also testified that he hired Brandvold without knowing his
employment history or taking an application for employment from
him.
Q. Okay. And you hired Mr. Brandvold then as the
trailer court manager.
A. Yes.
Q. What did you know about Mr. Brandvold?
A. Not a great deal.
Q. And is that -- has something to do with the fact that
you can't find him? Did you ever get an employment
history from him?
A. No.
Q. Take an application from him.
A. No. We just talked to him.
Citing the fact that the trailer court license was never
revoked by the Health Department, the landlords characterize the
conditions that the tenants complained of as lfinconveniences.lv
However, raw sewage spilling onto the ground next to one's
dwelling, with its repugnant odors and health concerns, cannot
appropriately be described as merely an "inc~nvenience~~ can
nor
unsafe drinking water be placed into that category. These issues
go directly to the habitability of the trailer court and no amount
of creative verbiage can subvert the conclusion that the trailer
court was not in a habitable condition.
With regard to the contamination of the water at the trailer
9
court, the environmental health specialist Douglas Kikkert
(Kikkert), said that he was not sure of the source of
contamination. Further, trailer court tenant Mrs. Amundson, and
other tenants, testified that they were never notified by landlords
that the boil order was lifted and that they could resume normal
consumption of the water. This fact was corroborated by Magruder
when he yet again assigned responsibility to Brandvold for not
informing the tenants that the boil order was lifted.
Numerous witnesses testified to the unhabitable condition of
the trailer court. Ms. Cora Linn resided in the trailer court from
May 1985 to June 1986 and her testimony is particularly
illustrative.
Q. What was the condition of the trailer court at the
time that you first moved into it?
A. It was a mess
Q. Could you describe the -- what you mean by the word
"mess?"
A. Raw sewage. Toilet paper. Uncapped sewers. Open
well hole full of water around a child's trailer. Yes,
it was a mess.