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mom and children exposed to hasardous conditions by landlord and contractors

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sherbear3

Junior Member
I live in Ohio.

I'm hoping I'm posting in the right place. I'm badly in need of some legal advice.

My 3 children and I have lived in our duplex for just over 14 months. We've had numerous issues with water/sewer pipes breaking, mold overgrowth from the leaking water, water damage, electrical issues, drawer fronts n cabinet doors coming off since just after we moved in. Every time the repairmen do quick fixes that don't last then break again. Our downstairs 1/2 bath's toilet is not sitting on the floor..it's actually resting on the pipe which comes too far out of the floor, because of this the sewer pipe under the toilet has cracked and exploded sewage all over my basement 3 times. 3 times they did a quick fix. On the 3rd time the contractor that was hired told me that he's the one who originally put the toilet into my unit just before I moved in and that he had told my landlord's maintenance supervisor that the floor needed to be raised or the pipe would have to much weight on it n they told him to shim the toilet higher off the floor. So that's what he did. N that's why it broke. So since he was here again for the same issue, he again called and told them the floor needed raised...again they said shim it...so he did.
Another major issue was/is the leaking of our full upstairs bathroom tub/shower pipes bursting/leaking thru my kitchen ceiling, destroying it, then going through my kitchen floor and pouring over our furnace. This has happened 7 times. Every time they come in, do a quick fix and say it'll be fine. They leave huge messes that I have to clean up. They've ruined the carpets tracking stuff through my house and getting plaster and paint on my carpets, and everything they "fix" breaks again within a month or 2 sometimes 3.
My landlord tried to evict me over my child's disability in August. I won my eviction by asking for a "Reasonable Accommodations" for a child with disabilities. While going through the eviction process the needed repairs were botched even more. At one point we had water coming thru our kitchen ceiling and into our basement for 5 days and nobody would come fix it. When someone finally came I overheard them say "we're just going to do a quick fix, she's not going to be here long"...I was flabbergasted!

Since I won my eviction my Landlord has become nicer and more attentive to the needed repairs and has actually done a walk through with me so I could point out everything. My landlord has a contract with another company for them to do any and all repairs needed but my landlord doesn't usually have anything to do with repairs and the company she goes through seems to be keeping her out of the loop. Or she's just blaming them for her shortcomings as a landlord...idk.

So, finally they decided to hire a contractor to completely renovate the 1/2 bath and to take out my bathtub and replace it and all the pipes to and from it, and all the water damaged walls, ceilings and floorboards! I was ecstatic thinking things were finally going to be fixed properly! Omg was I wrong! First I was told they were coming on Tuesday but they didn't show up til Friday. It was one older man and his wife. They completely tore apart my 1/2 bath. It was just an empty room. They did not tear out the floor... like they were supposed to. Then they had to leave halfway through the day. They left a huge mess. Left my toilet sitting on my back deck and the bathroom countertop leaning against a wall in my kitchen with all the pipes laying around it. They said they'd be back that night or Saturday morning and didn't come back til Monday at 8am and took over both my bathrooms before we had even brushed our teeth for the day. Then we didn't have a bathroom for 2 days and had to walk to a nearby park to go potty and wash up in the kitchen sink. They didn't put up plastic and didn't warn me about drywall dust. I couldn't breath while they were here so I locked myself in my room with a towel to block the smell. My throat was burning, nose burning, hurt to swallow. The dust covered everything. It's on our beds, our pillows, blankets, window sils, clothing, my children's toys, our dishes, stove, countertops, food in our pantry, our couches, chairs, my kids reading books, their homework books n desks. They put holes in our walls...but did fix them...after I pointed them out. They painted only half my bathroom upstairs a bright white flat paint, left thick drywall dust on every surface, clogged the new drain by rinsing debris down it, left the other half of my bathroom it's original peach color, contaminated our toothbrushes, left our heating vent off and the duct full of drywall dust. And they say they're done.
And all they did in the downstairs 1/2 bath was replaced the tiles shimmed the toilet....AGAIN...and replaced the vanity. Then had to tear the toilet out...AGAIN...the next day because the flange had already broken.

My landlord said she'd give me 6$ for my children and I to ride the bus to the laundromat but didn't offer money to wash the dust out of our clothing and bed linens. Then told me to bring my clothes on the bus to their facility 2 towns over from where I live...N now she says she's trying to figure out how much it will cost me to wash everything and figure out how best to help me. But she's saying next week...next week....meaning we have to live like this with no clothing breathing contaminated air until next week. 2 of my 3 children have severe asthma. They have had numerous attacks since last Friday when the contractors began. My 6 year old can't breathe right. We have nowhere else to stay. No friends or family close by. No money. Low income housing. It's like because we're poor we don't get treated like we or our situation matters. My children are going to the Dr at 4pm today because of their breathing issues from the drywall dust exposure.
 


Silverplum

Senior Member
Try here for local help: http://portal.hud.gov/hudportal/HUD?src=/states/ohio/renting/tenantrights

More info: https://www.ohiobar.org/forpublic/resources/lawfactspamphlets/pages/lawfactspamphlet-11.aspx
 

quincy

Senior Member
I live in Ohio.

I'm hoping I'm posting in the right place. I'm badly in need of some legal advice.

My 3 children and I have lived in our duplex for just over 14 months. We've had numerous issues with water/sewer pipes breaking, mold overgrowth from the leaking water, water damage, electrical issues, drawer fronts n cabinet doors coming off since just after we moved in. Every time the repairmen do quick fixes that don't last then break again. Our downstairs 1/2 bath's toilet is not sitting on the floor..it's actually resting on the pipe which comes too far out of the floor, because of this the sewer pipe under the toilet has cracked and exploded sewage all over my basement 3 times. 3 times they did a quick fix. On the 3rd time the contractor that was hired told me that he's the one who originally put the toilet into my unit just before I moved in and that he had told my landlord's maintenance supervisor that the floor needed to be raised or the pipe would have to much weight on it n they told him to shim the toilet higher off the floor. So that's what he did. N that's why it broke. So since he was here again for the same issue, he again called and told them the floor needed raised...again they said shim it...so he did.
Another major issue was/is the leaking of our full upstairs bathroom tub/shower pipes bursting/leaking thru my kitchen ceiling, destroying it, then going through my kitchen floor and pouring over our furnace. This has happened 7 times. Every time they come in, do a quick fix and say it'll be fine. They leave huge messes that I have to clean up. They've ruined the carpets tracking stuff through my house and getting plaster and paint on my carpets, and everything they "fix" breaks again within a month or 2 sometimes 3.
My landlord tried to evict me over my child's disability in August. I won my eviction by asking for a "Reasonable Accommodations" for a child with disabilities. While going through the eviction process the needed repairs were botched even more. At one point we had water coming thru our kitchen ceiling and into our basement for 5 days and nobody would come fix it. When someone finally came I overheard them say "we're just going to do a quick fix, she's not going to be here long"...I was flabbergasted!

Since I won my eviction my Landlord has become nicer and more attentive to the needed repairs and has actually done a walk through with me so I could point out everything. My landlord has a contract with another company for them to do any and all repairs needed but my landlord doesn't usually have anything to do with repairs and the company she goes through seems to be keeping her out of the loop. Or she's just blaming them for her shortcomings as a landlord...idk.

So, finally they decided to hire a contractor to completely renovate the 1/2 bath and to take out my bathtub and replace it and all the pipes to and from it, and all the water damaged walls, ceilings and floorboards! I was ecstatic thinking things were finally going to be fixed properly! Omg was I wrong! First I was told they were coming on Tuesday but they didn't show up til Friday. It was one older man and his wife. They completely tore apart my 1/2 bath. It was just an empty room. They did not tear out the floor... like they were supposed to. Then they had to leave halfway through the day. They left a huge mess. Left my toilet sitting on my back deck and the bathroom countertop leaning against a wall in my kitchen with all the pipes laying around it. They said they'd be back that night or Saturday morning and didn't come back til Monday at 8am and took over both my bathrooms before we had even brushed our teeth for the day. Then we didn't have a bathroom for 2 days and had to walk to a nearby park to go potty and wash up in the kitchen sink. They didn't put up plastic and didn't warn me about drywall dust. I couldn't breath while they were here so I locked myself in my room with a towel to block the smell. My throat was burning, nose burning, hurt to swallow. The dust covered everything. It's on our beds, our pillows, blankets, window sils, clothing, my children's toys, our dishes, stove, countertops, food in our pantry, our couches, chairs, my kids reading books, their homework books n desks. They put holes in our walls...but did fix them...after I pointed them out. They painted only half my bathroom upstairs a bright white flat paint, left thick drywall dust on every surface, clogged the new drain by rinsing debris down it, left the other half of my bathroom it's original peach color, contaminated our toothbrushes, left our heating vent off and the duct full of drywall dust. And they say they're done.
And all they did in the downstairs 1/2 bath was replaced the tiles shimmed the toilet....AGAIN...and replaced the vanity. Then had to tear the toilet out...AGAIN...the next day because the flange had already broken.

My landlord said she'd give me 6$ for my children and I to ride the bus to the laundromat but didn't offer money to wash the dust out of our clothing and bed linens. Then told me to bring my clothes on the bus to their facility 2 towns over from where I live...N now she says she's trying to figure out how much it will cost me to wash everything and figure out how best to help me. But she's saying next week...next week....meaning we have to live like this with no clothing breathing contaminated air until next week. 2 of my 3 children have severe asthma. They have had numerous attacks since last Friday when the contractors began. My 6 year old can't breathe right. We have nowhere else to stay. No friends or family close by. No money. Low income housing. It's like because we're poor we don't get treated like we or our situation matters. My children are going to the Dr at 4pm today because of their breathing issues from the drywall dust exposure.
Drywall work produces a lot of dust so I am not surprised the dust covered everything and that you found yourself inhaling it.

It would have been smart for you and your family to move out of the duplex while work was being done on the unit, negotiating with the landlord for the costs of staying elsewhere (insurance should have covered this), but I guess it is too late for that. It appears, at least, that the landlord was trying to address your concerns as they arose, even if the way he addressed them were not the best. Plastic sheets should have been put up to contain the dust and masks should have been worn by the workers and your children (especially if they have asthma).

I would contact city inspections to assess the condition of the home, and then wait to see what your doctor says about the breathing issues your children are experiencing.

Here is a link to the CDC on drywall dust exposure: http://www.cdc.gov/niosh/docs/99-113/
 

sherbear3

Junior Member
Drywall work produces a lot of dust so I am not surprised the dust covered everything and that you found yourself inhaling it.

It would have been smart for you and your family to move out of the duplex while work was being done on the unit, negotiating with the landlord for the costs of staying elsewhere (insurance should have covered this), but I guess it is too late for that. It appears, at least, that the landlord was trying to address your concerns as they arose, even if the way he addressed them were not the best. Plastic sheets should have been put up to contain the dust and masks should have been worn by the workers and your children (especially if they have asthma).

I would contact city inspections to assess the condition of the home, and then wait to see what your doctor says about the breathing issues your children are experiencing.

Here is a link to the CDC on drywall dust exposure: http://www.cdc.gov/niosh/docs/99-113/
Well I took my son to the Dr last Friday, like I said I was, and the Dr said it was an asthma reaction to all the drywall dust that covered our whole house and to try to minimize his exposure to it. Which is kinda hard with nowhere else to stay for even one night. I told my landlord n she just nodded her head n said ok. Well today, Friday the 13th, I had to again take the same child to the Dr for the same problem... he never got better...N now he has pneumonia....N we're STILL STUCK IN THE SAME HOUSE. I've bagged all our clothing and bedding that got covered in the dust n vacuumed and wiped every surface I could....while caring for my sick child and now I'm coughing, my boyfriend is coughing, my other asthmatic children has had a cough the whole time also, just not as badly and my middle child....who is rarely ever sick is being affected by the dust. I'm at a loss...Idk what to do!
 

Proserpina

Senior Member
Well I took my son to the Dr last Friday, like I said I was, and the Dr said it was an asthma reaction to all the drywall dust that covered our whole house and to try to minimize his exposure to it. Which is kinda hard with nowhere else to stay for even one night. I told my landlord n she just nodded her head n said ok. Well today, Friday the 13th, I had to again take the same child to the Dr for the same problem... he never got better...N now he has pneumonia....N we're STILL STUCK IN THE SAME HOUSE. I've bagged all our clothing and bedding that got covered in the dust n vacuumed and wiped every surface I could....while caring for my sick child and now I'm coughing, my boyfriend is coughing, my other asthmatic children has had a cough the whole time also, just not as badly and my middle child....who is rarely ever sick is being affected by the dust. I'm at a loss...Idk what to do!
Your child now has pneumonia? What was the doc's reaction to this?
 

RRevak

Senior Member
Your child now has pneumonia? What was the doc's reaction to this?
That can happen a lot with asthmatic children. My asthmatic older daughter had it 3 times by the time she was 5. Its especially common when triggers are unresolved.
 

Proserpina

Senior Member
That can happen a lot with asthmatic children. My asthmatic older daughter had it 3 times by the time she was 5. Its especially common when triggers are unresolved.
I'm painfully aware of that - I'm asking what else the doc advised, if anything.
 

RRevak

Senior Member
I'm painfully aware of that - I'm asking what else the doc advised, if anything.
Oh, ok. I tend to step up a bit too quickly about that as its a sensitive one for me. People used to question my parenting at times when my kiddo was sick because they didn't understand that was part of the crumminess of asthma.

I'll be making you that tea you requested ;) :p
 

justalayman

Senior Member
Not buying the everybody in the house is so greatly affected by the drywall dust. It causes short term, very short term issues. Drink some water. flush your sinuses with a Neti pot if you are having some issues. I work in construction and am around drywall dust quite regularly. I know a lot of drywall tapers/finishers (those are the guys that make all the dust). It is for the most part not a big deal. I can understand with the asthmatic child as they react very differently than a healthy person so I will not discount how he was affected.

but here is what you do:

wash clothes, curtains, and anything else that is soft and cab be washed. You clean the home just as you would when you have dust. Shampoo carpets if you feel the need., Then you will have no drywall dust to worry about.

since it appears money is tight and transporting the clothing and such to the laundromat so here is what you do:


take the clothes, bedding, whatever, walk outside with it and shake it in the air to remove most of the dust. Shake until it quits giving off dust.




Our downstairs 1/2 bath's toilet is not sitting on the floor..it's actually resting on the pipe which comes too far out of the floor, because of this the sewer pipe under the toilet has cracked and exploded sewage all over my basement 3 times.
actually toilets DO mount to the pipe under them and may or may not sit firmly on the floor. .




I moved in and that he had told my landlord's maintenance supervisor that the floor needed to be raised or the pipe would have to much weight on it n they told him to shim the toilet higher off the floor. So that's what he did. N that's why it broke
Actually that is how you install a toilet. You use, strangely enough; closet (as in water closet, an old time name for a toilet) shims. They are made specifically for exactly what you describe. The toilet very often does set on the pipe and not reach the floor. You shim the fixture to prevent it from rocking.
 

Proserpina

Senior Member
Oh, ok. I tend to step up a bit too quickly about that as its a sensitive one for me. People used to question my parenting at times when my kiddo was sick because they didn't understand that was part of the crumminess of asthma.

I'll be making you that tea you requested ;) :p

Asthma sucks. There are no three ways about it.

(Thanks for the tea - hopefully you didn't have to fish it out of the Hahbah ;) )
 

ecmst12

Senior Member
Get your family out of the house until the work is done and worry about how to pay for it later. Your health is more important!
 

Just Blue

Senior Member
Hi********************************************************....My landlord tried to evict me over my child's disability in August. I won my eviction by ..... Children living in hazardous conditions. Children with asthma who are sensitized and he leading environmental health threat for Maine children exposed to ****roache......
What the heck are you talking about??:confused:
 

sherbear3

Junior Member
Try here for local help: http://portal.hud.gov/hudportal/HUD?src=/states/ohio/renting/tenantrights

More info: https://www.ohiobar.org/forpublic/resources/lawfactspamphlets/pages/lawfactspamphlet-11.aspx
I went to the HUD website. Called several higher ups...even in the Main office...all I got was the run around and a whole lot of unreturned phone calls and a whole lot of "oh, psh? What is that? A section 8 voucher? I don't know, I don't handle that, you need to talk to_________, here's the number________!" Just to hear the same from the next and the next til I'd called 8 different people in one National Agency just to not get a return call period. I've been trying since you posted this. Calls nor emails are returned. We've also had several more severe issues since the last one. I also called Fair Housing in Akron Ohio and was advised to obtain an Attorney. Called the Akron Bar Association and got referred to an Attorney who never responded once I mentioned it was a housing authority and F&CS that were injuring us. Seems people think Housing Authories are exempt/safe from lawsuits due to a state orc....but I'm currently doing research about that with the help of The Ohio Supreme Court's Law Librarian. She said if a lawyer won't take my case, I can file it myself and she's sending me case files so I can see how it should be written up. If nobody will help us I guess I'll help us. So far I've tried asking F&CS for a grievance hearing by submitting a written request....which was never even acknowledged by them. I've asked for special inspections...which the housing authority passes even with major deficits. I've repeatedly tried to report all the issues to the head person at the housing authority only to be told they couldn't do anything until F&CS told them to. And if tried repeatedly to contact HUD employees, to no avail. Nobody cares about us. It's just very funny how this psh program is for the mentally ill, and is supposed to help care for the mentally ill but yet subject us to the worst conditions because we are poor and mentally ill and have no choice but except the treatment or sleep with our babies under a bridge. Who cares about our quality of life?! Nobody!
 

sherbear3

Junior Member
Your child now has pneumonia? What was the doc's reaction to this?
She was worried. Asked if the construction was still going on. I told her it had just finished but that the house was covered still with dust. They didn't even protect the ventilation/heating system. The one ventilation in our upstairs bathroom was full of drywall dust they just left. She told me to minimize his exposure so it wouldn't get worse. But people just don't seem to understand our dilemma. There are no funds, period. There's $650 in food stamps and $120 utility check and that's it! The water bill alone takes up most of that then the gas and electricity take up the rest. There was no way to go anywhere to get us away from it.
 

sherbear3

Junior Member
Not buying the everybody in the house is so greatly affected by the drywall dust. It causes short term, very short term issues. Drink some water. flush your sinuses with a Neti pot if you are having some issues. I work in construction and am around drywall dust quite regularly. I know a lot of drywall tapers/finishers (those are the guys that make all the dust). It is for the most part not a big deal. I can understand with the asthmatic child as they react very differently than a healthy person so I will not discount how he was affected.

but here is what you do:

wash clothes, curtains, and anything else that is soft and cab be washed. You clean the home just as you would when you have dust. Shampoo carpets if you feel the need., Then you will have no drywall dust to worry about.

since it appears money is tight and transporting the clothing and such to the laundromat so here is what you do:


take the clothes, bedding, whatever, walk outside with it and shake it in the air to remove most of the dust. Shake until it quits giving off dust.




actually toilets DO mount to the pipe under them and may or may not sit firmly on the floor. .




Actually that is how you install a toilet. You use, strangely enough; closet (as in water closet, an old time name for a toilet) shims. They are made specifically for exactly what you describe. The toilet very often does set on the pipe and not reach the floor. You shim the fixture to prevent it from rocking.
I'm very well aware of how toilets are installed. I've installed several myself with my father and even one with my mom. I'm also aware that toilet "closet" shims are sometimes used....but NOT 3 inches worth glued together. I grew up a contractor's daughter. I know shoddy work when I see it. I even offered to have my dad look the duplex over...they refused.
 

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