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Cherokee Citizen Faces Hazardous Housing Conditions in Phenix City; Government Obliged to Intervene
eTradeWire News/10821288
PHENIX CITY, Ala. - eTradeWire -- The Echota Cherokee Tribe of Alabama and citizen Cory Long of Apt 6A, 2400 4th Ave, Phenix City, call urgent attention to seriously unsanitary and unsafe living conditions at the property managed by Rockit Properties, LLC (owner), and overseen on‐site by property managers Julian and Mr. Mosley. Despite repeated notice, the owner and managers have refused to act, claiming the units are rented "as‑is" and therefore no repairs will be made. This claim to rent "as‑is" cannot legally override the landlord's statutory duty to maintain safe, habitable premises.
Mr. Long reports repeated sewage backups into the bathtub, plumbing failures creating raw waste in living spaces, and the presence of long‑standing human waste ("ancient doo‑doo") in the toilet from prior tenants that has not been removed or sanitized. These conditions materially affect health and safety and violate the landlord's obligations under Alabama law.
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Under the Alabama Uniform Residential Landlord and Tenant Act, the obligations include:
By refusing repairs on the basis that the units are rented "as‑is," Rockit Properties, LLC, Julian, and Mr. Mosley are attempting to bypass the legal duties that the Alabama statute imposes. Because multiple tenants have reportedly faced eviction or threats after reporting similar conditions, this raises serious concerns of retaliatory eviction, which is prohibited.
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Beyond state law, the municipal government of the City of Phenix City and Russell County must enforce health, plumbing, and housing codes, and ensure the protection of residents. Furthermore, under federal obligations evidenced in the Treaty of New Echota (1835), the United States government holds a solemn duty to protect Cherokee persons and property. The involvement of a Native citizen and tribal government underscores the importance of governmental intervention at all levels.
Mr. Long reports repeated sewage backups into the bathtub, plumbing failures creating raw waste in living spaces, and the presence of long‑standing human waste ("ancient doo‑doo") in the toilet from prior tenants that has not been removed or sanitized. These conditions materially affect health and safety and violate the landlord's obligations under Alabama law.
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Under the Alabama Uniform Residential Landlord and Tenant Act, the obligations include:
- Ala. Code § 35‑9A‑204 — the landlord must comply with building/housing codes and make repair work necessary to keep premises habitable.
- Ala. Code § 35‑9A‑401 — if material health/safety obligations are unmet, the tenant may give notice and the landlord must remedy within fourteen (14) days (or sooner in emergencies).
- Ala. Code § 35‑9A‑404 — the landlord willfully or negligently failing to provide essential services (such as sanitary plumbing) gives the tenant specific remedies.
- Ala. Code § 35‑9A‑501 — the landlord may not retaliate (evict, raise rent, reduce services) because the tenant complained to authorities or demanded repairs.
- Ala. Code § 35‑9A‑164 — a landlord may not require a tenant to waive rights or remedies under the Act; any "as‑is" clause, waiver or verbal statement attempting to exempt the landlord from habitability duties is unenforceable.
By refusing repairs on the basis that the units are rented "as‑is," Rockit Properties, LLC, Julian, and Mr. Mosley are attempting to bypass the legal duties that the Alabama statute imposes. Because multiple tenants have reportedly faced eviction or threats after reporting similar conditions, this raises serious concerns of retaliatory eviction, which is prohibited.
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Beyond state law, the municipal government of the City of Phenix City and Russell County must enforce health, plumbing, and housing codes, and ensure the protection of residents. Furthermore, under federal obligations evidenced in the Treaty of New Echota (1835), the United States government holds a solemn duty to protect Cherokee persons and property. The involvement of a Native citizen and tribal government underscores the importance of governmental intervention at all levels.
Source: MoytoyInc
Filed Under: Health
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