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The federal lawsuit against the Philadelphia Housing Authority and the city's Department of Human Services, and various officials of the agencies, alleges that the housing authority knew the four-bedroom apartment it owns in a brick duplex was overcrowded and unsafe. Specifically, they allege that it lacked a fire escape, smoke detectors and other fire safety features.
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Mayor Cherelle Parker's spokesperson, Joe Grace, declined comment because the matter is in active litigation. Messages seeking comment were left Friday with spokespeople with the Philadelphia Housing Authority.
RELATED: 1 year anniversary of deadly Fairmount fire that killed 12, including 9 children
1 year anniversary of deadly Fairmount fire that killed 12
During two visits to the home in December 2021, a month before the fire, a Human Services social worker noticed the smoke detectors were inoperable, the lawsuit says, but did not return with working detectors as she promised.
Housing authority records show their staff made three visits in December 2021, but the lawsuit says records falsely showed "quality checks were performed on the smoke detectors and carbon monoxide detectors and they were operable."
Three adult sisters identified as Rosalee McDonald, Virginia Thomas, and Quinsha White, as well as nine of their children, died in the blaze. Their nine children are Dekwan Robinson, Destiny McDonald, Janiyah Roberts, J'Kwan Robinson, Natasha Wayne, Quientien Tate-McDonald, Shaniece Wayne, Taniesha Robinson, and Tiffany Robinson.
The blaze was deemed the city's deadliest fire in more than a century. The investigation determined the fire in Unit B of 869 N. Third St. started as a 5-year-old played with a lighter near a Christmas tree. That child survived as well as one other apartment occupant.
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SEE ALSO: Survivors of fatal Fairmount fire describe terrifying scene, last-minute escape
The housing authority, the lawsuit said, "knew of the grave risks associated with overcrowding, fire hazards and the lack of operable smoke detectors, and the serious dangers that the conditions posed" to the residents who died in the fire.
The lawsuit seeks monetary damages as well as an order that all of city's public housing units be inspected and tested to ensure there are working smoke detectors.
A separate, negligence lawsuit regarding the fire was filed in March in Philadelphia Common Pleas Court. A spokesperson for the Kline and Specter law firm said Friday that case remains pending and is currently in the discovery phase.