Mold ‘falls through the cracks' in law

[Guest guest]

Mold `falls through the cracks' in law

Unsightly, unhealthful, unregulated; housing laws can't compel

removal.

Fort Wayne News-Sentinel*

http://www.news-sentinel.com/apps/pbcs.dll/article?

AID=/SE/20080426/NEWS/804260312

At first, Prater thought it was just a bad cold that wouldn't

go away.

Three months and three doctor visits later, the normally healthy 21-

year-old suspiciously scraped the flaking paint from above her

apartment's shower nozzle and discovered something as unhealthy as

it was unsightly:

Mold.

Three kinds of mold, in fact, according to an inspection – enough to

persuade Prater's doctor to advise her to move out. She has been

doing just that, and has begun to recover.

And that might be the happy end to this story, except for one thing:

As common as mold is, and as harmful as it can be to some people,

the potential threat is virtually unregulated by either building or

health officials.

" Neighbors had talked about having mold, and the maintenance people

blew it off, " Prater said. " When I talked to the (apartment) office,

they asked why I hadn't said anything before and claimed we didn't

keep the apartment clean. But my boyfriend went to military school

and is a neat freak. "

But housekeeping – or lack of it – really isn't the issue.

" Mold is caused by moisture, by humidity above 60 percent. If you

have a basement with no dehumidifier, you'll get mold. I get calls

about it routinely, " said Ruyack of the Indiana Department of

Health, who said mold can affect children, the elderly and people

with respiratory problems.

But the department has no authority when it comes to correcting

those problems, he said.

Neither does the Fort Wayne- County Department of Health, said

spokesman Silcox.

Neither do the Fort Wayne- County Building Department or the

city's office of Neighborhood Code Enforcement, which have

jurisdiction over leaky roofs and plumbing but not the mold they can

leave behind.

" This is just one of those things that fall through the cracks, "

Building Commissioner Dave Fuller said.

Although neighbor Erron also reports mold-related health

problems and questionable maintenance, other neighbors disagree. So

I'm not naming Prater's apartment complex because I can't be sure

management there did anything wrong. Despite her suspicions, there's

no proof maintenance workers painted over mold or ignored other

residents' concerns. And even Prater acknowledges workers eventually

removed and replaced the mold-infested section of bathroom drywall.

But would proof be easier to get – or problems avoided in the first

place – if health and building officials had the ability to

investigate and take action if necessary? It's worth thinking about.

Silcox said the local Health Department investigated 84 mold

complaints last year. But if the inspection finds a problem, all the

department can do is make a referral to businesses specializing in

mold analysis, removal and treatment – and tenants such as Prater

are left to pay the bill.

" We can't compel anybody to do anything, " Silcox said.

Regular readers know I am not normally in favor of big government,

and this is no exception. As Royack noted, the presence of mold does

not in itself indicate malfeasance – I discovered some in my own

home while redecorating. But if apartment owners are trying to deal

with mold on the cheap – painting over it instead of removing it –

they deserve all the government meddling they get.

Unlike cigarette smoke, mold isn't always visible – as Prater

discovered. The dialysis technician knew her eyes were watery, her

sinus infected and her chest congested long before Prater knew she

had a mold problem.

Legal recognition of mold as a potential problem could protect

tenants in another way: Prater said the apartment complex has up to

now refused to refund her deposit of three months' rent – $1,980.

Even if she contacts an attorney, can she use mold to void the lease

in the absence of specific laws?

Karcher, spokeswoman for Mayor Tom Henry, said the city is

reviewing possible changes in building codes governing commercial

structures. She wasn't sure mold is part of the discussion.

But maybe it should be. What Prater's been living through is nothing

to sneeze at.

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Leininger's column reflects his opinion, not necessarily that

of The News-Sentinel. Contact him at kleininger@news- sentinel.com,

or 461-8355.