Brooklyn, NY asked in Landlord - Tenant and Personal Injury for New York

Q: Have mold growing in areas of every room in the house and landlord hasn't done anything.

It's growing on my personal belongings and my daughter had a toy in her mouth that mold grew on.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: You may need to consider consulting with two separate attorneys here, one for your landlord-tenant rights and one for the personal injury rights. As for the injury-based aspects, you could reach out to firms that handle mold - toxic exposure type cases. These cases can be more difficult than ordinary physical injury matters such as motor vehicle cases. They could depend on the particular setting, health impact, and findings of an expert - that's why it isn't easy to give more detailed insight. The settings can be fact-specific. There are law firms that hold themselves out as specializing in these types of cases. I hope your daughter is okay. Good luck

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: Sorry to hear what you're been going through. As my colleague correctly advised, you should certainly speak with a landlord tenant attorney regarding the mold in your apartment. You can find one using the Find a Lawyer tab on the JUSTIA homepage. As for personal injuries, in 2014, New York's highest court ruled that there was no scientific connection between mold and respiratory illnesses. Which is why there's virtually no mold-related litigation in New York. Here's a copy of the decision if you're interested in reading it. https://law.justia.com/cases/new-york/court-of-appeals/2014/16-1.html

Tim Akpinar agrees with this answer

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