Restraining order request dropped Defense attorneys agree not to retaliate again

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Restraining order request dropped

Defense attorneys agree not to retaliate against tenants who

complained

Palladium-Item - Richmond,IN*

BY PAM THARP

CORRESPONDENT

http://www.palitem.com/apps/pbcs.dll/articleAID=/20080318/NEWS01/8031

80308/1008

WEST COLLEGE CORNER, Ind. -- Debbie Caudill will know this week if

her lung condition is caused by mold.

Caudill, who lives in Stoneybrook Apartments with husband

Caudill, needs a respirator at times to aid her breathing.

The Caudills are among 15 plaintiffs who are suing the company that

manages the apartment complex and its former owners.

On Monday, defense attorneys agreed not to retaliate against

plaintiff-tenants in the suit, so plaintiff attorney

Gursaran " " Shoker agreed to withdraw his motion for a

restraining order. The restraining order had been requested to

prevent the defendants from evicting those who complained about

conditions in the apartment complex.

Shoker also agreed to provide the court by Friday with written

complaints and pictures of the problems at Stoneybrook, a subsidized

housing project.

Defense attorney J. Beggs told the judge in chambers the

apartment buildings were inspected last fall by HUD and were in good

shape, Shoker said.

" Either they were drunk or blind, " Shoker said. " Nobody should be

forced to live under these conditions. "

The suit asks for damages for mold-related illnesses and help for

plaintiffs in finding suitable housing, as well as attorney fees.

The Indiana Housing and Community Development Authority conducted a

facility inspection at Stoneybrook in December, said Sherry Seiwert,

executive director.

" We are aware of the conditions of the buildings, " Seiwert

said. " It's not good. "

No action was taken by the state as a result of that inspection,

said defense attorney s of Liberty, who represents

owners -Stoneybrook of ville.

Kayla Sowers used to live in Stoneybrook D Building, but she said

she moved out because she was sickened by mold.

Byrd, who lives in A Building, threw his couch away because an

air conditioner leak soaked it and the wall. Thirty new air

conditioners were installed, but some weren't properly drained to

the outside, Byrd said.

A gaping hole over Byrd's shower, caused by leaks from the upstairs

bathroom, was there for 18 months until the health department

declared the situation a fire hazard, he said. His kitchen sink

drain also leaks, but he catches the water in a container, he said.

Union County sanitarian Ron said he's been called to

Stoneybrook several times, twice for blood in hallways that wasn't

properly cleaned and several times for leaking air conditioners

causing mold problems.

A recent problem with animals under a building was caused by a

tenant cutting a hole in the apartment drywall to allow his dog

access to the crawl space to use as a dog house, said. Crawl

space openings have now been closed, he said.

" The management has been cooperative when I've asked for them to

correct something, " said .

Black mold or mildew is growing inside corners of the outside walls

of the Caudills' apartment. The wall beneath the bathroom sink shows

black mold or mildew, as does the vinyl floor under the sink and

near the tub.

The couple would move, but they say they can't afford to live

anywhere else. The Caudills say they pay $146 a month for their two-

bedroom apartment, which has a basic rent of $464 per month and

a " note rate " rent of $615, according to their lease. The difference

between the amount the Caudills pay and the actual rent is

subsidized through a federal housing voucher.

" They tell us the mold don't hurt you. They say it isn't mold, "

Caudill said of apartment officials. " Our apartment stinks.

They ain't done nothing in here. "

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