RESIDENTIAL HABITABILITY The law provides that every lease for the rental of residential property implies an obligation on the landlord's part to provide a habitable home for tenants. One issue that can impede this right granted to tenants is the presence of mold in their home. The harm caused by mold can be costly, both in terms of human suffering and property damage. People exposed to indoor toxic mold may experience allergic reactions, respiratory illness, emotional distress, and other problems such as fatigue, dizziness, nausea, asthma, and even brain injury (see Toxic Mold Illness). Mold may also damage homes, apartments, and commercial and public buildings by making them unsafe places in which to work or live. If you suffer from exposure to toxic mold in your home or your workplace, you may have damages for medical injuries and emotional distress. Toxic mold lawyers may handle claims based on: Construction defects; Decreased property value; The loss of a living space (for tenants, "constructive eviction"); The interruption of a business that takes place in a mold-contaminated building; The cost of mold remediation; Unfair business practices; Failure to disclose the presence of mold; Negligence or fraud; and Bad faith claims by homeowners and commercial property owners against their own insurance companies for failing to promptly and fairly process claims. Common defendants in mold cases include contractors, builders, landlords, home sellers, realtors, home inspectors, and homeowner associations. Insurance companies may also be involved. About Mold A mold is a type of fungi. Scientists estimate that there are tens of thousands of different kinds of molds, which grow on plant, animal, or wet inorganic matter. Molds reproduce by means of microscopic particles or spores that travel through the air or cling to surfaces. Indoors, molds thrive in warm, moist, conditions such as those found in bathrooms, under leaky kitchen pipes, or in damp roof materials above ceiling tiles. All indoor molds should be treated with caution because of potential health risks, according to the Center for Disease Control. However, some molds have been more closely associated with specific health problems. One example is Stachybotrys atra . Stachybotrys atra or Stachybotrys chartarum is a greenish-black mold often referred to as "toxic mold." It grows on material with a high cellulose content (e.g. fiberboard, paper, dust). Stachybotrys atra becomes a problem when it exudes mycotoxins, which are organic compounds capable of producing toxic responses in humans and animals. Many Aspergillus species of molds also produce mycotoxins. Some molds release volatile compounds into the air, producing an unpleasant odor. Scientists label these compounds "microbial volatile organic compounds" or "mVOCs" (Moisture Remediation in Schools and Commercial Buildings, Environmental Protection Agency, March 2001). Exposure to mVOCs has been associated with headaches, dizziness, and fatigue. For more information about the effects of molds on health, see Toxic Mold Illness. Toxic Mold Illness Sneezing, wheezing, red eyes, headaches, fatigue, lung infections, breathing difficulty are some common symptoms of mold poisoning. These are just some of the symptoms, from mild to serious, that may be caused by exposure to molds. The culprits are mold spores, fragments, mycotoxins, and volatile organic compounds (see What is a Mold ). Whether or not you develop health problems due to mold depends upon the extent of your exposure, your sensitivity to mold, your current state of health, and your exposure to other pollutants. The elderly, the very young, and those with compromised immune systems may be most susceptible to toxic mold injuries. Allergic Reactions Inhaling or touching mold spores may cause sneezing, runny nose, eye irritation, and skin rash or dermatitis in allergic individuals. Repeated or continual exposure may increase your sensitivity to mold or aggravate existing conditions such as asthma. Other allergic reactions include developing sinusitis and Hypersensitivity Pneumonitis. A rare disease that resembles bacterial pneumonia, Hypersensitivity Pneumonitis (HP) results from either short-term or long-term exposure to mold and may lead to permanent lung damage. Farm workers are most likely to come down with HP from mold on hay, straw, or grain dust. However, office workers have also developed the disease through exposure to mold-contaminated humidifiers and ventilation systems (Mold Remediation in Schools and Commercial Buildings, U.S. Environmental Protection Agency, March 2001, Appendix B; State of the Science on Molds and Human Health, Stephen Redd, M.D., Chief of Air Pollution and Respiratory Health Branch, Centers for Disease Control, July 18, 2002 ). Organic Dust Toxic Syndrome Organic Dust Toxic Syndrome (ODTS) is another mold-related disease. Fever, respiratory and flu-like symptoms follow a single, heavy exposure to dust containing organic matter including fungi. Farm workers and construction workers performing renovation work are most likely to develop this disease. Pulmonary Hemorrhage Some scientists associate pulmonary hemorrhage or bleeding of the lungs in infants less than six months old with exposure to the toxic mold Stachybotrys chartarum (Is Indoor Mold Contamination a Threat to Health?, Harriet M. Ammann, Ph.D., D.A.B.T., Senior toxicologist, Washington State Department of Health, Olympia, Washington ). In 1998, The American Academy of Pediatrics Committee on Environmental Health stated that doctors should make every effort to ensure that infants less than one year of age avoid moldy environments (Guidelines on Assessment and Remediation of Fungi in Indoor Environments, New York City Department of Health). Although the Centers for Disease Control has not confirmed a link between pulmonary hemorrhage in humans and Stachybotrys chartarum, it is undertaking further research projects to study the problem (see Case Definition For Idiopathic Pulmonary Hemorrhage in Infants, Centers for Disease Control ). Aspergillosis "Aspergillosis," a lung infection caused by certain molds of the Aspergillus genus, causes fever, cough, and chest pain. Organ transplant patients, individuals undergoing high-dose corticosteroid therapy, and others with weak immune systems may be susceptible to aspergillosis, but healthy people are unlikely to get these infections ( Centers for Disease Control, Disease Information, Aspergillosis ). Toxic Mold Law At present, there is no federal law that specifically addresses the issue of toxic mold exposure. In June, 2002, Representative John Conyers, Jr. (D-MI) introduced the Toxic Mold Safety and Protection Act, which would have required the government to study toxic molds and to issue mold inspection guidelines. The Act would also have created a federal insurance program to protect homeowners from losses due to mold, established standards for mold testing, and required rental property lessors to conduct annual indoor mold inspections. The EPA and housing agencies would have issued regulations requiring mold hazard disclosure when a property was sold or leased. The full text of the proposed legislation, which did not pass in the 107th Congress, is on the Thomas Legislative web site (Scroll to Search, click on Bill/Amendment Number; search on H.R. 5040). The state of California has been a pioneer in enacting toxic mold legislation. The Toxic Mold Protection Act of 2001 (SB 732, Ch. 584) requires the state Department of Health Services (DHS) to study the health threat posed by indoor molds and to develop standards for toxic mold exposure. Commercial and industrial landlords must remediate for mold if they know that it is present or if the premises are subject to chronic water problems or flood. The DHS must adopt guidelines for mold identification and remediation and consider establishing a Permissible Exposure Limit (PEL) for mold. If a PEL is adopted, sellers of commercial and industrial property, landlords, and public entities must provide written disclosure of the presence of mold in excess of this limit. Other states have attempted to pass legislation concerning toxic molds, but so far without much success. Nevertheless, we can expect renewed efforts to deal with this growing health issue.

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