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Class action status request denied by Richland County judge for two former tenants of Allen Benedict Court; former tenants may file individual claims

Two former tenants had filed suit against Columbia Housing Authority regarding the 2019 mass evacuation after a gas leak left two residents dead.

COLUMBIA, S.C. — A Richland County judge denied the request of two former residents of Allen Benedict Court that would have allowed their cases to be joined as a class action suit against Columbia Housing Authority (CHA) over monetary damages incurred during the January 2019 mass evacuation of the apartment complex.

The ruling means that former tenants must file individual claims against CHA. Those eligible would be all tenants of Allen Benedict Court, their household members -- including minor children -- as shown in the tenant's written lease as of January 17, 2019.

On that date, 61-year-old Calvin Witherspoon Jr., and 30-year-old Derrick Caldwell Roper were found dead in their individual apartments in Building J at Allen Benedict Court (ABC). The Richland County Coroner determined the men had died from carbon monoxide poisoning. 

On January 18, 2019, multiple gas leaks and missing smoke alarms were discovered during an inspection of the property, leading to a mass evacuation of the residents. 411 people were placed in area hotels and given vouchers to find other affordable housing, without their personal belongings that were left behind at ABC.

After an investigation by City of Columbia Code Enforcement, HUD Inspector General, and inspectors from City of Columbia Fire and Police departments, it was Fifth Circuit Solicitor Byron Gipson's opinion that probable cause did not exist to pursue criminal charges against CHA in general sessions court.

Ten months after the deaths of Witherspoon and Roper, CHA was cited for more than 860 violations in 22 different categories by Columbia Police's Code Enforcement Division, for a total fine of $10,340.

In February 2020, representatives from CHA plead guilty in City of Columbia's municipal court regarding the inspection citations and fined just under $11,000.

Allen Benedict Court was demolished in the summer of 2020 and CHA plans to rebuild another affordable housing complex on that site.

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