RE : Re: NYC MAY OUTLAW ENVIRONMENTAL MONITORING BY CITIZENS

[Guest guest]

All lawsuits or 'complaints' have the underpinning of a " good faith " requirement

not brought for delay or harassment and the like. Those are procedural issues.

The court has to decide if a complaint is groundless and even if it is something

that is " passed " - it can be 'challenged' in court. Anything is fair game.

Mold goes to 'habitability' and fitness for human habitation. Some states are

stronger than others with enforcement. Back in the day, there was NO protection

for home dwellers. It went back to Europe, where you rented a plot of land, and

there might be a house or a hut on it. It was rented to farm and the farmer

could get up on the roof and fix it. The landlord was only providing land. The

tenant had the burden of fixing the property, because its use was agrarian in

nature.

Each state has had to get away from those old outdated laws which only protected

the landlord.

**not legal advice**

LiveSimply <quackadillian@...> a écrit :

There is another law that some group is trying to put through that

would explicitly allow landlords to sue tenants for harassment if they

submit complaints to city agencies " that turn out to be groundless "

but the wording is such that mold complaints could be included in the

same way that lawyers often get mold cases thrown out, because there

are no real laws yet about mold.