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Lake Grove family battles landlord over mold

Newsday - Long Island,NY*

BY PATRICK WHITTLE

patrick.whittle@...

February 21, 2008

http://www.newsday.com/news/local/suffolk/nylimold215585775feb21,0,31

5119.story

The mold at Jo-Elynn Vega's rented home makes breathing so difficult

that, she says, the family has to wear medical masks inside the

house and her daughter began coughing up blood recently.

They have been looking for a new place to live for months. But now

the Vegas' dispute with their landlord over cleaning up the mold at

the single-family Lake Grove home has left them with eight days to

find a new place to live.

Jo-Elynn and her husband, , moved in last June and began

complaining about the mold to landlord Rhein in July. They

withheld rent from Rhein starting in December, claiming that toxic

mold has been growing on the home's walls, ceilings and carpets. The

mold was deemed toxic by a company the family hired, AMBIC Building

Inspection Consultants of Long Island, which said it was due to

active water leaks.

Rhein brought the family to court, claiming they owed him more than

$4,000 in unpaid rent and utility bills. The Vegas must move out by

Feb. 29 under a settlement reached yesterday at District Court in

Patchogue.

But family members said they intend to sue Rhein and will try to get

the house, at 12 Hardwick Pl., condemned so no one else can live

there.

" As far as I'm concerned, it's unacceptable. We're people in here,

not animals, " said , 47, a building engineer.

Rhein, of Lake Grove, and his attorney, of Lindenhurst,

declined to comment. Rhein has the home on the market for $499,777,

according to an advertisement.

The family reported the home to Lake Grove Village code enforcement.

Village authorities inspected the home Feb. 4 and found at least

five code violations, including the presence of mold, said Gerald

Lotto, an attorney for Lake Grove. Rhein might have to pay fines of

more than $1,000 per day if he does not try to remediate the

problems by Feb. 27, Lotto said. However, it is unlikely the home

will be condemned unless it is " unsafe structurally, " Lotto said.

The AMBIC report states that " elevated mold conditions " exist in the

house. The report states that the family should " vacate the home for

possible health risks " and recommends " leaving the contents due to

possible contamination. "

Jo-Elynn Vega said the family also plans to sue Rhein over lost

property, which she said will total at least $100,000 if they leave

their possessions behind. An advertisement for the home describes it

as a " beautiful, spacious four bedroom " with " plenty of living space

for a happy family life. "

Vega, 17, disagrees.

" You have to sit there and concentrate to breathe, " she said.

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