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Toxic Mold/infant/homeless!!

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Peanut5580

Junior Member
What is the name of your state? New York

Hello..I originally posted this under Landlord/Tenant issues. I think I have more than a L/L tenant issue. I'm sorry this is so long, please take time to read. Thank you.

I had a water infiltration problem in my apartment. The management company was notified in September, 04. The water was in my kitchen & living room. There was visible mold on the walls.In December they came to "fix" the problem. They painted over it. In January, mushrooms began growing on my carpet. I called the health department & they filed a complaint. I held back Januarys rent. I have an infant, so I took it upon myself to have the air quality tested. I paid $650 for a private company to test the mold levels in the air. I recieved a call a week later from this company telling me to evacuate the apartment, they found dangerously high levels of toxic mold. (Aspergillus/Penicillum. Spores on the outside were 60, in my living room alone, all I could afford to have tested, they found 970!) We left immedietly and contacted the management company. In the meantime, they have not offered us any place to stay, we are living with family & friends..anyone who will take us in. We left literally with a bag of clothes each. We have been "homeless" for over a month now.

The management company is now attempting to fix the problem. That was after I had been out for 2-weeks, after I threatened to go to the media! They found the problem to be a leak in the wall, coming from the TOILET upstairs!! The insurance company is opening an investigation. I have contacted a lawyer & he tells me it doesn't look good that the insurance company is going to settle, they are going to argue that I didn't have renters insurance. I have called 6 top insurance agencies (including the one that the management company suggests we use) they have no renters policies that cover mold damage. On top of all this...they don't want to waive the rent for January & February, in an apartment I'm not living in!! They have gone as far as to send me threatening letters from their attorney! Do I have any chance in a lawsuit? What types of things could I ask them compensate me for? punitive? mental anguish? Originally, all I wanted was the replacement of my items, my apt. fixed correctly, and the past rent abated. I'm enraged now, it's gone on too long & I want to pretty much "nail" them. Please help.
 


You Are Guilty

Senior Member
Peanut5580 said:
On top of all this...they don't want to waive the rent for January & February, in an apartment I'm not living in!! They have gone as far as to send me threatening letters from their attorney! Do I have any chance in a lawsuit? What types of things could I ask them compensate me for? punitive? mental anguish? Originally, all I wanted was the replacement of my items, my apt. fixed correctly, and the past rent abated.
On top of RPL 235-b (warranty of habitability), take another look at your lease. If it, like most NY leases, has a clause about the landlord being able to recover attorney's fees if they have to sue over the lease, then you will certainly want to read RPL 234 to them the next time you speak. That section, which no landlord appears (or admits) to know about, often has the effect of making them much more amenable to a reasonable settlement.
 

Peanut5580

Junior Member
Attorney's fees clause

Thank you..I missed that one! My lease does have that clause. It is a HUD lease. If they attempt to evict me (I doubt they are stupid enough to try), is there any cap on the amount that I can countersue for? Also..could you answer any of these ?'s from my old thread:

My lease reads:

DAMAGE LIABILITY:
LANDLORD shall not be held liable for any injury or damages to persons or property resulting from falling plaster, steam, gas, electricity, water, rain or snow which may leak from any part of said building or from the street or subsurface or from any other place or by dampness or any other cause of whatsoever nature, unless caused by or due to the negligence of LANDLORD, LANDLORD's agents, servants or employees.

My question is..if the insurance company settles w/me for my property, would they then be admitting they were negligent? I would assume so, I just want a second opionion on it. Also, if anyone gets a chance could you look at http://tenant.net/Court/Hcourt/archive/1996/mar96.html Benitez v. Restifo. Does this case sound like it would pertain to my situation & could I use it in court?

Again..thank you for your thoughts and time!
 

Peanut5580

Junior Member
Someone thinks I have a case!!

I just received a call on my cell phone from the producers at Judge Judy!! LOL...I think one of my friends gave them my name,number, and a little background on the case via their website! They are very interested in my case, the only problem is they are small claims w/a cap of 3k. They are going to try to help me in any way possible though..she is supposed to call me back! Just thought I'd share..I thought it was kinda cool. I might just settle for $3000 to see Judge Judy rip into these idiots. (That could backfire on me though, I've seen her in action) Ciao
 

You Are Guilty

Senior Member
Small claims in both CA (where the show is filmed) and NY (where JJ is from) are both $5k limits. Maybe the show's limit is $3k?

In any event, why not call the People's Court producers too? At least they film in Manhattan.
 

Peanut5580

Junior Member
Insurance offer

Hello..just wanted to thank you for your help & update you. The insurance company offered me $7500, I told them I wanted $10k..they gave me $9k. I'm pretty happy w/it, being as though my furniture only came to $5k. I'm pretty sure I could have gotten more if I had spent the time and money...but I'm just glad this is just about over. Thanks again for all of your help.
 
Even if they did do something whay aould you want to go back? I would tell them you want your deposit back becuase they have breached their contract by making the living conditions unbearable. The you go and find somewhere else to live.
 

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