NEWS
August 5, 2010
More Landlords Addressing Mold
It's everywhere, and its presence can be a financial nightmare — resulting in an explosion of litigation over the past 20 years. It's mold, and since it's here to stay, many in the apartment industry are tackling it on a variety of fronts, including spreading the word that complaints — not silence — are golden whenever a tenant finds mold.
To ward off health concerns and the lawsuits they might trigger, many apartment communities are not only responding quickly to mold reports — they are seeking them out.
"It's a Catch-22 about this subject," said Mike Beirne, executive vice president of Englewood Cliffs-based Kamson Corp., which manages apartments in North Jersey. Of the many types of mold, "many are not dangerous to anyone," he said. "On the other hand, there are people sensitive to different kinds of mold. There are some cases where mold can be a serious issue, and for that reason, many in the apartment industry have established policies on how to deal with mold."
Fast facts
Mold prevention tips for tenants from the National Apartment Association:
- Keep the temperature between 60 and 80 degrees.
- Use ceiling fans to circulate air.
- Keep windows closed during damp/rainy days, while opening windows during dry weather.
- Be sure that kitchen and bathroom exhaust fans are working.
- Keep the apartment clean.
- Report any problems to management.
At Kamson Corp. buildings, which include Treetop Apartments in Bloomingdale, this means mold is on the checklist for daily site inspections. Also, a hot line has been established for residents to report mold, and the staff knows to act quickly, Beirne said. A policy of fast action on mold can not only spare a landlord the cost of litigation, it can also rein in cleanup costs. "Mold is fairly easy to get rid of in minute portions," Beirne said. Larger cases can also involve removal of sheet rock, experts say.
John McDermott, general counsel for the Arlington, Va.-based National Apartment Association, said: "It's best to have a happy tenant who pays the rent." And a tenant blaming a landlord for sickness is not likely to be happy or timely with payments, he said. Though the NAA has argued in court that scientific evidence does not support a link between mold and sickness, the group provides members with a lease addressing mold. It also strives to educate tenants and maintenance workers on how to avoid mold.
When it comes to mold and how courts might view this issue, landlords and tenants are often dealing with the unknown."There is much ambiguity between what is 'pollution' and what is not — and it is constantly changing," said John Butler, vice president of HUB International Northeast, which deals in risk management. "It is debated whether mold, for instance, physically affects humans. Litigants are finding themselves defending against the unknown. New precedents are set every day."
Christine Messina, vice president at allRisk Property Damage Experts in Somerdale, said: "Mold has been around since the beginning of time. However, the health concerns about mold, litigation and media attention that followed barely existed until the '90s."
That's when mold-related health concerns resulted in lawsuits and highlighted the importance of tackling indoor mold. Also at that point, the U.S. Environmental Protection Agency took the lead, she said, in developing guidelines for how mold should be treated.
"To prevent mold growth in buildings, it is critical to be vigilant and address any water intrusion immediately, as mold can grow in 24 to 48 hours," said Messina, whose company performs mold remediation. "So for example, if you are a tenant in an apartment building, and you experience a leak caused by a plumbing pipe, ice line or condensation line, it is extremely important that the water source is stopped, repaired and that the building is properly dried down," said Messina. She said an independent hygienist should test air quality before and after a cleanup to make sure the pollutant is gone.
Because of the potential for health problems, the Centers for Disease Control and Prevention advises tenants:
"If you feel your property owner, landlord or builder has not been responsive to concerns you've expressed regarding mold exposure, you can contact your local board of health or housing authority. Applicable codes, insurance, inspection, legal and similar issues about mold generally fall under state and local [not federal] jurisdiction."
Read the article on northjersey.com:
http://www.northjersey.com/realestate/99709324_More_landlords_addressing_mold.html