Mold forces family out of home, into courtroom

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Posted on Thu, Feb. 09, 2006

Mold forces family out of home, into courtroom

CA

By Geluardi

http://www.contracostatimes.com/mld/cctimes/news/local/states/califor

nia/13828206.htm

CONTRA COSTA TIMESRICHMOND - After four years of pleading with her

property manager to fix a leaky roof, Richmond resident Talitha Winn

had had enough.

Winn's Coronado neighborhood home smelled of dampness and mildew.

Her 8-year-old daughter, Mi' Jae', had been to the hospital eight

times for upper respiratory infections most likely caused by a black

mold, her attorney, Markus Willoughby, said.

Willoughby filed a lawsuit Monday in Contra Costa County Superior

Court against property owner Leonard and Gene and Ray

of Professional Property Management in El Sobrante. The

property at 1235 Florida Ave. was uninhabitable due to the water-

damaged walls, floors, carpets and light fixtures, according to the

lawsuit.

In addition, the suit claims the air was contaminated by airborne

mold spores that caused both Winn and her daughter to seek medical

attention for respiratory and skin problems.

A report prepared by Bay Mold Inspections as part of the lawsuit

indicates that a mold known as aspergillus was growing in nearly

every room. According to the report, aspergillus mold aggravates

allergies and is associated with invasive diseases such as nasal

sinus lesions, " swimmer's ear " and " farmer's lung. "

The report also found that Winn's belongings were contaminated.

Based on the report, her attorney advised her to destroy all of her

bedding, pillows and about 30 stuffed animals that belonged to her

daughter.

" This whole experience has been terrible, " said Winn, who is staying

in a local motel until she can find another home. " Me and my

daughter had to step over buckets, pans and soaking wet towels

anytime it rained. "

According to the suit, Winn had repeatedly called Professional

Property Management and asked them to do something about the roof.

Most often she was put off or told by property manager Gene

that it was a bad time to call, Winn said.

In 2002, Professional Property Management covered the roof with a

plastic tarp, according to the lawsuit. Even though the tarp was

ineffective, the lawsuit claims, it remained on the roof for three

years until it was completely tattered and frayed, at which point it

was replaced by another tarp.

Neither Gene nor Ray returned numerous calls made during the

past three weeks.

Winn, who receives rental assistance through the Richmond Housing

Authority, said she was reluctant to complain about the roof to the

housing authority or the city.

" It took me and my daughter a long time to find that place and we

had nowhere else to go, " said Winn, who works as an SBC

administrative assistant. " I was afraid. "

But Winn became fed up in June and began calling the Richmond

Housing Authority and the city's building regulation department. But

she didn't get any action until she contacted the tenants advocacy

group Housing Rights office in Richmond.

The Richmond Housing Authority finally took the home off of its list

of rental properties and the city has moved to take 's

certificate of occupancy away, which would make it illegal for him

to rent the home to someone else.

Mayor Irma has been working with Winn to help her find

another home for her and her daughter. The mayor's office and the

Richmond Housing Authority have located a place for her in Richmond,

but Winn said she wants to live somewhere else.

" There's too many people who do just what they want to and nobody

wants to follow the rules, " she said.

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Contact Geluardi at 510-262-2787 or at jgeluardi@...