In mold fight, state must lend a hand

[Guest guest]

April 21, 2006

In mold fight, state must lend a hand

http://www.recordonline.com/archive/2006/04/21/opinion-21editmold-04-

21.html

Jeff and Terri Chandler won their battle.

A few weeks ago, the New Paltz family finally settled their case out

of court for $200,000. For those of you unfamiliar with the

Chandlers' plight, let us fill you in: The Chandlers spent four

years, much of their time and all of their money fighting to be

compensated for their unlivable home. That home became unlivable

after a contractor's repairs let a new tenant into the Chandler

home: toxic mold.

Soon, the Chandlers were all sick with crushing headaches and

trouble focusing. Their children suffered the most, experiencing

tremors and skin lesions. A short time later, the family found

themselves living in an RV in their own backyard. Their house was

unlivable, every precious memento, every birthday card, beloved

stuffed animal, goofy school pictures lost to the growing mold.

Holidays came and went; years passed, and the Chandlers were still

locked in a legal battle with the insurance company, trying to get

justice for themselves and their kids.

Now the battle has been won. It's easy to see, though, why the

Chandlers might find the victory a hollow one. Jeff has lost his

livelihood and has been forced to find work where he can. Mounting

legal fees and the simple expenses of daily living forced the

Chandlers into bankruptcy. Most of the settlement money will go to

pay the lawyers, the rest to pay for the RV they're living in and

the mortgage on the house they still can't live in.

And at the end of the battle, at the end of four years of court

fights, of homelessness, of watching their children suffer, the

Chandlers are still without the one thing that started this in the

first place: a home.

Mold, of course, has become big news. Brockovich, who made her

name by fighting contaminated water, took on the mold issue in her

own home. Bullock won a major court case, and Carson sidekick

Ed McMahon sued for $20 million. But while the celebrity mold cases

grab national headlines and do help to bring the health risks to

public attention, they fail to capture the other side of the mold

story. That's the side where the little guy, the average family,

takes on an insurance company over a mold case. Those are the

stories of everyday folks left bankrupt and homeless trying to force

the insurance companies to do the right thing.

That's the Chandlers' story. For while celebrities such as Bullock

can simply buy a new home while her case is being heard, that isn't

an option for most normal folks. And while losing the millions it

takes to build a mansion might leave Bullock feeling the pinch, it

isn't anything compared to the crippling grip of unpaid bills, lost

work and uncertain health the average Joes feel when mold takes

their home.

As New Yorkers, we're more vulnerable than residents of some other

states when it comes to mold. Our weather and our aging housing

stock plays some role in that, but the primary reason is that New

York is one of the states that allows insurers to exclude mold

coverage from their policies. And while mold claims in New York have

more than tripled in New York in recent years, the state still

hasn't taken the steps necessary to protect its residents from

losing the roof over their heads.

New York needs to adopt a law like California's Toxic Mold

Protection Act, which forces insurers to offer mold coverage and

says home sellers must disclose previous water or mold problems to

potential buyers.

A similar law was proposed in the New York Senate in 2001, but never

made it to law. The Toxic Mold Protection Act would have established

a task force to advise the state Department of Health on adopting

standards for safe levels of mold and determining potential health

risks. It would have also required homeowners to reveal mold

problems to potential buyers.

It would have been a good start. It certainly would've changed the

Chandlers' lives.

Until New York leaders step up and put a policy in place to address

mold issues, families like the Chandlers will be forced to take on

the big guys on their own. And some, like the Chandlers, may find

that while they win their legal battle, the real fight has only just

begun.