Other families have contended with beetles hatching and boring their way through walls, sagging balconies , unsafe fireplaces that belch smoke and other health and safety violations. Although no homeowner should be forced to raise his or her family in a home that is affecting his or her health, homeowners living in affordable housing should have greater legal protection, not less. People living in affordable housing tend to be less knowledgeable first-time buyers, seniors who may not have been in the housing market recently and people whose first language may not be English. The builders contentions that litigation drives up home costs are unfounded. In a 1999 report to the Assembly Housing Committee, the independent California Research Bureau found no conclusive link between litigation, increased insurance costs and the supply of affordable housing .
Builders currently have every opportunity to avoid a lawsuit.
They can build homes safely in the first place, or respond quickly and efficiently to homeowners concerns. Builders already control whether or not they are sued simply by how they respond to homeowners repair requests. Homeowners Legal Options Restricted by California Court Last December, the California Supreme Court dealt a blow to injured homeowners. In deciding the Aas case, they ruled that homeowners can t hold builders responsible for negligence until after injury occurs. In other words, if a homeowner discovers there is no firewall between the master bedroom with the fireplace and the nursery, he or she can t sue the builder for negligence until after the fire occurs.