QUESTION

2015 mold air test over 1000 mold spores per room they only brought a cyclone machine no final air test. black soot out radiators

Asked on Jan 26th, 2017 on Landlord and Tenant Law - New York
More details to this question:
My mom got sick with cancer I developed nodules and I believe our location is killing us and found out other neighbors in my building and the buildings in this area had tenants diagnosed with cancer or passed away. All our personal belongings are covered with black soot coming out of the radiators. The air we breath is heavy and the food we eat contaminated as well as our brand new appliances stove and fridge 5000 that are turning black and no credit given either for using our own appliances on this rent stabilized apt. I have a 2015 mold air test showing over 1000 mold spores per room. They only brought the cyclone machine to filter out the mold but just made things worse and they didn't break any walls to fix any mold in the walls or leaking valves under kitchen sink. Called 311 last year for mold and black soot coming out of radiators afterbrother painted and all turned black their contractor painted and cleaned radiators but the problem persists till underlying condition is foun
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
You don't actually have a question in there, but here are the answers. You may have personal injury actions against the landlord and property owner, if your doctor is reasonably certain your illness was caused by the mold. However, there is a 3 year statute of limitations to start a lawsuit, running from the time you first noticed symptoms- not from the time of your diagnosis, and not from the time you discovered the mold. But there is ALSO a 90 day statute of limitations to file a notice of claim against the city, and a one year statute of limitations to sue the city (or the state or any government entity, municipality or public benefit corporation, etc.).So if your landlord is the city, anyone who discovered their symptoms more than 90 days ago has no case.  If your landlord is a private entity, you might have a case- depending how long ago you first noticed symptoms.   However, you all definitely have an action against the landlord for a rent abatement- likely from the first time the landlord failed to repair, and going forward until the condition is abated. Depending on where you are, you can file a complaint with HPD or your Building Department and get an inspection, and violations put on the property. Once that happens there will be court orders requiring the landlord to repair, and fines if the landlord doesn't comply, and that will be the basis of your rent abatement action, which you can accomplish by starting your own proceeding, or withholding rent and wait until the landlord takes you to court and file a counterclaim.
Answered on Jan 27th, 2017 at 7:07 PM

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