Toxic mold and the problem of cross-contamination in New Jersey and New York

Baby injured from black toxic mold

A story was just reported in the news about a Jasper Alabama family whose infant child was hospitalized after toxic mold was found inside her family's home. The toxic black mold was allegedly ignored by the landlord who, after complaints were made by the baby's parents said that if it's a problem they should "move out."

The baby was hospitalized twice up to 5 days at a time when her throat and eyes swelled up. They finally contacted a mold inspection company who waived the $500 fee because they said its one of the worst cases they've ever seen. According to the tenants, the landlord pulled up the carpet to cover-up the mold with new flooring. According to the mold remediation company this was a huge mistake because it cross-contaminated all of the belongings which now have to be destroyed as a result of this cross contamination.

Cross contamination threat and toxic mold

Toxic mold is not only a problem here in New Jersey and New York, but it's a problem throughout the United States. There are an increasing number of mold complaints. They typically arise in landlord-tenant cases, when people purchase homes and are not told about pre-existing mold, in office environments and even hospital environments, and in a variety of other settings. This is very serious and some people become very ill. Not everybody becomes ill, it's very much person specific. But some people become very ill as a result of exposure to certain kinds of mold.

Cleaning up the mold is very often not the only thing that has to be done. Items that are exposed such as furniture, clothing, bedding etc., very often have to be remediated. If they are not they cross contaminate the new cleaned environment. And this can cause a real problem for people who are prone to become ill from the mold exposure.

Which means --- if your apartment, rental property, condominium. new home, office become mold contaminated, cleaning the walls and remediation the mold may not be enough. Always make sure the source is addressed, perhaps a leaky roof or leaky pipe, etc.  Clean bedding, toys, etc....Finally, make sure your valuable, such as furniture, clothes, bedding, children's toys are cleaned and that mold is removed. If this is not done properly, it can cause serious problems due to cross contamination.

Is this the Association's responsibility?  It may be.   You need to look at the Association documents, case law in your state, and the particular facts in your case. 

Lieberman & Blecher practices community association law in New Jersey and New York. www.liebermanblecher.com