Pomona, CA asked in Personal Injury, Products Liability and Landlord - Tenant for California

Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered

by harsh cleaning chemicals. My apartment complex is currently using a Fabulso, which contains sulphuric acid and perfumes that give me a chain reactionof symtoms that take days to clear up. I have to take prescription meds and injections in the e.r. to get it under control. Ive requested a change, but they will not stop using it. And, I have proof. What can i do, without jeapordizing my lease?

3 Lawyer Answers
William John Light
William John Light
Answered
  • Products Liability Lawyer
  • Riverside, CA
  • Licensed in California

A: File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/

Scott Richard Kaufman agrees with this answer

Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Products Liability Lawyer
  • Los Altos, CA
  • Licensed in California

A: Your question about how it may affect your lease is wise.

While they are not allowed to retaliate, they do have ways, like

not offering you an extension and/or giving you notice when

your lease is up. In the end, it's a health issue and if they fight

it, you may end up with enough money to buy a place and not

have to worry about leasing again? Maybe??? Good luck with it.

Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: While it would be inconvenient for you to move, my experience as both an attorney and the owner of a condo is that it is better to just move and find a new place to live. I doubt the Landlord or owner(s) of the complex where you live will change his/her/their cleaning methods without a fight. the Answer below mine is a good idea, but it is difficult to deal with government agencies, especially when your complaint may be the only one. If you can find other people in the complex where you live that are having similar problems (like constant headaches), there is more power in numbers. Filing several complaints against the complex might get you some help.

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