• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My landlord sprayed pesticides without prior notification and I have severe allergies

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tinytrees824

New member
Monday afternoon I saw that my landlord hired TruGreen to spray pesticides on my front yard, back yard, sidewalk, bushes, and back patio. I never received notice they would be doing lawn treatment. I have pets and serious health concerns, including a life-threatening allergic reaction to an insecticide. I emailed them stating my concerns and asked for the MSDS sheet that says which specific chemicals were used and the safety precautions. The landlord replied back, copied in one of the reps from TruGreen, and TruGreen said they'd check with their manager. The TruGreen rep then gave a list of the chemicals and a non-specific customer service reply so I again replied with my questions, specifically asking what safety precautions I need to take to limit my exposure to the chemicals used.

The landlord in a separate email stated that she uses an email distribution list to notify residents of the lawn treatments, and that "I must not have been on the list."

I emailed the landlord again stating the local Pesticide Neighbor Notification Law requires them to give all residents 24-hour notice. I explained that this is causing undo stress on my husband and I. We aren't opening any of the windows, we're refraining from going outside, and we don't feel safe in our own home. TruGreen also sprayed the treatment all over our brand new patio set, garbage can, and hose reel. She doubled down and said she's sticking to using an email distribution list where residents can opt-in to receive these notifications. I was not on this list nor was I asked for my email address when I moved in. She did not address any of my other concerns. Aren't they legally required to notify ALL residents? Not just a select few?

The TruGreen rep's manager email reply said to call him with any questions.



I live in Monroe County in NYS.
 


Zigner

Senior Member, Non-Attorney
Spray down your yards, sidewalk, bushes and back patio. If you were going to have a reaction, you would almost definitely have had it by now (unless you've completely sealed the residence and worn SCBA equipment since Monday.)

EDIT: Oh - keep your pets inside until you hear back from TruGreen about the effects their treatment may have on pets...

EDIT (one more time): You have a list of the chemicals - you can now research the required safety precautions. Wouldn't you want to do that anyway instead of relying on someone else?
 

xylene

Senior Member
Can you medically document any harm other than anxiety?

Do you have medical documentation of your allergic response to any of the chemicals that were applied?

Do you have evidence the Applicator, TruGreen failed to post notice per the law you cite?

https://www2.monroecounty.gov/files/health/EnvQual/health-NeighborNotificationFAQ.pdf
They are only required to place small placards no more than 50 apart around accessible treated areas before treatment on the day of application.

There is no individual notice requirement.

Pesticides and fertizilers are highly regulated and quite safe. I am personally against their routine use for lanscaping, but I think you may be over the top on this unless you can articulate some damages.
 

Zigner

Senior Member, Non-Attorney
A few things I'd like to point out (from xylene's linked PDF): In this case, because the landlord used a professional contractor to apply the treatment, he isn't the one required to post the notices. Also, the first-time penalty for failure to post the required notice is a written warning and educational information being given to the contractor. Lastly, it's the county that would enforce this, and if the county didn't "catch" it, then they won't do anything.
 

tinytrees824

New member
Thank you all for your feedback. I am currently researching the chemicals used. There were five different chemicals used in their treatment. I haven't yet come in contact with any of the chemicals they used:

Fertilizer and weed control
Name: 19-0-5 0.29 Barricade (TCS) EPA Registration #: 100-1456-82757
Name: 17-0-5 UBM Fertilizer (nitrogen, potassium)
Name: 25-0-5 (nitrogen, potassium)
Name: Barricade 4 FL
Name: Escalade 2
EPA Registration #: n/a
EPA Registration #: n/a
EPA Registration #: 100-1139
EPA Registration #: 228-442

This is the law I was referring to. Scroll down to the bottom for the 24-hour notice portion.
https://www2.monroecounty.gov/eh-environmentalquality.php

I'm really hoping that they are relatively safe and I'm acting in an abundance of caution.
 

Zigner

Senior Member, Non-Attorney
Thank you all for your feedback. I am currently researching the chemicals used. There were five different chemicals used in their treatment. I haven't yet come in contact with any of the chemicals they used:

Fertilizer and weed control
Name: 19-0-5 0.29 Barricade (TCS) EPA Registration #: 100-1456-82757
Name: 17-0-5 UBM Fertilizer (nitrogen, potassium)
Name: 25-0-5 (nitrogen, potassium)
Name: Barricade 4 FL
Name: Escalade 2
EPA Registration #: n/a
EPA Registration #: n/a
EPA Registration #: 100-1139
EPA Registration #: 228-442

This is the law I was referring to. Scroll down to the bottom for the 24-hour notice portion.
https://www2.monroecounty.gov/eh-environmentalquality.php

I'm really hoping that they are relatively safe and I'm acting in an abundance of caution.
Ok, I see that what you shared may be more restrictive than what xylene posted. In any case, what I said is true: Nothing is going to come of it. Now, research those items and see what comes of it.
 

justalayman

Senior Member
Regarding the law you spoke of: you can report a violation as the link you provide directs.


To report a violation or to have questions answered about the Pesticide Neighbor Notification Law, contact the Monroe County Department of Public Health at 753-PEST (753-7378) or by e-mail. If reporting a violation, please be prepared to provide:

  • date when product was applied
  • approximate time when product was applied
  • address where the product was applied
  • name of company applying the product
  • your name, address, phone number or e-mail, so we can follow-up with you
The sds for the first item listed


https://www.turfcaresupply.com/upload/documents/sds2/sds 902848.pdf
The sds for the second item listed as Barricade

http://www.greencastonline.com/sds-label/barricade-4fl
Info from the epa on the Escalade product ( comparable to an sds)

https://www3.epa.gov/pesticides/chem_search/ppls/000228-00442-20091230.pdf

The other items are fertilizers. The law you cited doesn’t apply to fertilizers so I didn’t chase any info for those items
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top