6 months later, The Rialto residents waiting for answers

ORANGE COUNTY, Fla. — Six months after The Rialto apartment complex on Sand Lake Road was evacuated, more than 350 residents remain displaced as Orange County officials continue to classify the building as unsafe.

The evacuation happened March 19 after a resident called 911 to report popping sounds that made her believe the building was collapsing. The building was later deemed unsafe because of structural instability concerns.

According to information posted on The Rialto website, property management mobilized the engineering firm of Simpson Gumpertz & Heger (SGH) to investigate the cause of the damage to the building. SGH arrived in the afternoon and began their investigation.

As reported to building officials on April 1, SGH’s investigation revealed a gap between the soil and the ground level slab that extends underneath the load-bearing wall footing between Stacks 45 and 47. The lack of soil support below the slab-on-grade between Stacks 45 and 47 resulted in downward displacement or other downward movement of the slab and wall.

On April 10, a foundation repair company placed grout below the slab to fill the gap between the soil and the underside of the concrete slab and the strip footings in the gap under Stacks 45 and 47 to re-establish intimate contact and support the structure. A geotechnical engineer from SGH was on site to monitor and inspect this work.

According to the company, SGH is continuing its subsurface investigation to determine the cause of the gap. It said the work will take two months or more, and must be completed before a cause and path forward can be determined.

Orange County said temporary shoring was completed with a permit, but permanent repairs have not yet begun.

“Temporary shoring was completed with a permit, and we are still awaiting permit application(s) to make permanent repairs,” an Orange County spokesperson said in a statement. “Our Building Safety continues to make biweekly site visits to monitor the property and determine whether there have been any changes in conditions. At this time, we have not observed or received any new information that would change the previous status.”

All businesses on the first floor of The Rialto remain closed. Notices posted on their doors state the structure is unsafe for human occupancy.

Engineers began reviewing the building after it was deemed unsafe. After The Rialto received an engineering letter April 1 indicating that at least two months would be needed for a more in-depth evaluation, residents were given two options.

One option allowed residents to terminate their leases. Under that option, The Rialto offered to provide packing and professional moving services to a location within 25 miles, along with an additional $2,000 payment.

The second option was for residents who chose to move to another Northland community. Those residents were offered a two-month rent concession, but they were required to sign a release of claims as part of the process. Residents also had the option to terminate their leases without signing the release.

The Massachusetts-based real estate private equity firm Northland Investment Corp. owns the complex. Spectrum News 13 reached out to Northland for an update on the status of the investigation report but did not receive a response.

A class-action lawsuit was filed earlier this year on behalf of tenant Adriana Swissa against Northland Rialto LLC and Northland Investment Corp. The plaintiff and class members are seeking damages in excess of $50,000 and any further relief the court may deem appropriate.

“We’re fighting for justice here,” said Markus M. Kamberger, senior counsel with Bryson, Harris, Suciu & DeMay, PLLC, the law firm representing the residents. “And despite there being a closing of this building, despite the horrific experiences that everybody has there, the defendants haven’t admitted to liability. And we were of the position that here they did not comply with their part. Our clients were paying for a habitable dwelling and they did not get that. So we believe that the defendants do need to pay because of that.”

At a July 9 hearing, the defendants listed on the lawsuit as NORTHLAND RIALTO, LLC., a foreign for-profit corporation, and NORTHLAND INVESTMENT CORP., a foreign for-profit corporation, moved to try to put the case in front of the business court.

Judge Diego Madrigal told the parties he would decide at a later date whether the lawsuit should move into business court or remain the same.

“We are moving quickly and trying to get this case resolved within the court system and within the bounds of the legal system. So as soon as the court, they make their decision, we we will be proceeding forward,” Kamberger said.

According to information posted on The Rialto FAQ page, some residents are opting to maintain their leases during the process. However, residents of 179 apartments, or 95% of rented apartments, have chosen to terminate their leases.

As of July 1, residents of 173 apartments, or 92% of rented apartments, had already moved, according to the FAQ page.