A class-action lawsuit was filed on Monday, claiming that the Omaha Housing Authority (OHA) has neglected to address bed bug infestations in high-rise apartments designated for low-income families. This legal action was initiated by a law firm specializing in bed bug cases, following a tumultuous year for the OHA, which has been under scrutiny with numerous court cases, new government guidelines, and increasing community concern regarding maintenance deficiencies.
The complaint identifies 15 current and former residents who assert that the presence of bed bugs has resulted in skin irritation, disrupted sleep, and emotional distress over several years. These individuals represent tenants from ten different OHA buildings, which collectively house over 1,000 apartments. They are pursuing monetary compensation along with a comprehensive inspection and treatment program to tackle bed bug issues across the authority’s housing facilities.
Jeff Lipman, an attorney with expertise in bed bug litigation, emphasized the severity of the situation, highlighting that infestations have impacted nearly every building in the housing authority. “I have not encountered a scenario where literally every tower under the housing authority has been plagued by such a persistent and widespread invasion,” he remarked on Monday. “This is unlike anything I have witnessed.”
OHA Chief Executive Joanie Balk responded by asserting that the agency is committed to managing and eradicating bed bug problems, indicating that they have reinforced their pest control team and partnered with external pest management companies. “Our pest control staff utilizes commercial-grade chemicals comparable to those used by professional organizations in the area,” Balk stated in an email. “We implement best practices specifically designed for multifamily housing, which have gained endorsement from Housing and Urban Development, the Douglas County Health Department, and experts at the Nebraska Extension Office.”
The Douglas County Health Department declined a request for inspection-related records regarding the OHA buildings, citing confidentiality provisions that protect investigative agencies’ documents. For more than a year, residents and local activists have been vocal about the poor living standards within central Omaha’s Underwood Tower and other OHA properties. Their concerns have sparked widespread media coverage addressing pest infestations and mold problems within these complexes.
The OHA has grappled with aging infrastructure and limited funding for maintenance and repairs. Previous reports indicated that many of its units require significant upgrades in the upcoming years. Earlier this year, legislation was passed by the Nebraska Legislature that mandates the OHA to reform its eviction practices and restructure its board composition following criticisms about the agency’s treatment of vulnerable populations.
In a related lawsuit filed in June, residents accused the OHA of unlawfully charging higher rents, failing to allow tenants the opportunity to contest rent increases, and attempting to evict those unable to afford payments. This suit is still pending and emerged after a thorough investigation reportedly uncovered that OHA had attempted to evict tenants eligible for rent exemptions while neglecting to inform them of their rights concerning appeal processes.
In the past year, tenants and families have filed over half a dozen lawsuits against the OHA, citing unhealthy living conditions and mistreatment by the agency; most of these cases have been dismissed. A separate, ongoing lawsuit from 2023 alleges that the OHA’s negligence contributed to the deaths of two young boys in a fire at a South Omaha apartment, a claim the OHA has denied according to court documents.
Activist Paul Feilmann, who has been advocating for better living conditions, set up shop near the Underwood Avenue and 49th Street intersection. Until recently, his “office” was simply a shaded grassy area. “I’m available every day. The door’s always open,” he light-heartedly commented. It was in this locale that Feilmann engaged with public housing residents, many of whom now comprise the initial group of plaintiffs in the bed bug lawsuit.
One resident, Michael Coleman, shared that he had been battling bed bugs since moving into his apartment over five years ago. He expressed immense frustration, stating that despite OHA’s attempts to treat the infestation, a good night’s sleep remained elusive. Coleman noted the problem was serious enough that his former partner moved out because of the ongoing issues. “She can’t live with bugs, and I don’t blame her,” he expressed. “That’s why I’m here. I want to get something done about this.”
As tenants shared their experiences, Feilmann collected information to forward to legal representatives Lipman and Steve Wandro. Their interviews, alongside photographs documenting the residents’ insect bites and infested belongings, laid the foundation for the ongoing lawsuit. Last year, Feilmann sought out tenants from all OHA complexes who had experienced similar issues, creating new outreach through a sign encouraging residents to report bed bugs.
Lipman and Wandro, known for their proficiency in bed bug litigation, have previously taken legal action against various landlords and hospitality firms across the country. Notably, they secured a $2.45 million settlement in a groundbreaking class-action case involving apartment complexes in Des Moines. They have also pursued cases against other public housing authorities, achieving some victories while experiencing setbacks in others.
Nebraska State Senator Justin Wayne, an attorney, complements the legal representation for the OHA case. Last summer, Balk proposed establishing dedicated “heat treatment rooms” in locations like Underwood Tower, which would allow tenants to treat infested furniture. She indicated that the first such room is now operational.
During an initial meeting in August, Lipman indicated that the primary objective of the lawsuit was to ensure thorough inspections and extermination efforts across the affected apartments, with financial compensation potentially coming later. “For those who choose to participate, being a warrior is essential,” Wandro told the tenants.
As the visible participants in the lawsuit, Coleman and others hope that a favorable ruling would enhance the living standards for all residents of OHA’s 2,500 public housing units. Additional tenants may join the lawsuit if the court designates a class of plaintiffs. Currently, Feilmann is focused on strengthening solidarity among the participants and getting class representatives ready for upcoming legal proceedings. He plans to transport them to court hearings in a rented van. “I’m the coach, they’re the players, and the lawyers are the owners,” he said humorously. “We are gearing up for a significant match starting Monday.”
