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Black Mold

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Black Mold

Postby kmclennand » Thu Feb 23, 2006 4:19 pm

Hi - I'm wondering if anyone out there has advise for me. I just found out that I have black mold (and have had it since we moved in last july - w/ the respiratory & dr. bills to prove it). We tested high enough that we need to move out and have it cleaned and retested before we can move back in. DOes anyone know what my legal rights are? I don't want to pay for our hotel or this months rent. I also need to be reimbursed for the testing, as they weren't going to do it.

Please help.
kmclennand
 
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Joined: Thu Feb 23, 2006 2:01 am
Location: LES

Re: Black Mold

Postby Anna » Thu Feb 23, 2006 6:06 pm

How did you request repairs from your LL?
Did you get apt inspected by NYC? (DOH and/or HPD)
Is there a vacate order or a violation for failure to remove it?
Did a leak which LL failed to repair cause the growth?
Do any of your neighbors have mold?
Which type of mold is it?

Depending on the severity of the situation, if any condition forces a T to move out, T can defend against any claim for rent under the legal theory of 'constructive eviction'. Search for that in HCDs: http://tenant.net/Court/Hcourt and http://tenant.net/

Suggest you search these places for TOXIC MOLD:
1. http://tenant.net/
2. http://tenant.net/Court/Hcourt
3. http://www.tenant.net/.WWW/board/
4. 'all open forums', above left
5. www (switch google to www http://tenant.net/)

Then get some help from experienced advocate. If you might qualify for low-income or special assistance: http://lawhelp.org/NY/
If not, call the attys in the banner ads across the top of TN pages (not the ads in the right-hand column).
Anna
 
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