Forner tenant, landlord spar over mold problem in building

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Forner tenant, landlord spar over mold problem in building

Posted to: Business Virginia Beach

The Virginian-Pilot - Norfolk,VA*

August 15, 2008

By Geiger

http://hamptonroads.com/2008/08/forner-tenant-landlord-spar-over-

mold-problem-building

When Longman moved his Virginia Beach Roofing office to a

new building on Virginia Beach Boulevard last year, he and his

employees were excited by the larger space.

But last month, Longman moved the company back to its old offices.

" I went to an ear, nose and throat doctor because I had a sinus

infection that smelled bad, " he said. " The doctor said I have

chronic sinus disease and had to have surgery. "

Longman, who said he's never had sinus problems before, blames the

illness on mold that was found throughout the building by a mold

inspector.

Mold is in the air almost everywhere, both inside and out. But in

high enough concentrations, it can cause labored breathing,

headaches and sinus problems, according to the federal Occupational

Health and Safety Agency. Despite these risks, OSHA said there are

no government or professional recommendations on mold levels.

That means there's no agreed-upon baseline for deciding whether mold

levels are too high in an office and pose a threat to workers.

" Employers must provide a safe and healthy workplace, which includes

air quality, but there's not a whole lot we can do with mold, " said

Wester, the director of cooperative programs at the

Virginia Department of Labor and Industry.

Longman's case has left the roofer and his landlord pointing fingers

at each other. Meanwhile, the building - at 1788 Virginia Beach

Blvd. - has been deemed " unsafe to enter " by city inspectors.

Last week Virginia Beach's Code Enforcement Division put up signs on

the building saying " its use or occupancy has been prohibited " until

repairs are made.

Pyong Tu Cho, who owns the building, said that its upkeep was the

responsibility of the tenant, in a statement from his attorney

Korte. The lease signed by Longman and Cho said that the tenant

will " keep the interior of the Premises in good repair and safe

condition and working order. "

Longman said he and Cho were unable to agree on who should handle

any repairs on the outside of the building. After Virginia Beach

Roofing moved out, Cho filed suit in Virginia Beach District Court

to collect unpaid rent, but a judge dismissed the suit.

Drainage problems behind the building as well as leaks along its

walls meant water easily seeped inside, Longman said. After

rainstorms, the interior carpets became wet and some of the walls

were bowing outward from water damage, he said.

In April, Longman hired a professional mold inspector. After taking

air samples inside and out, Allergenie mold inspector Simon Kiser

found mold levels inside that were more than twice the outdoor

levels.

" It was definitely the environment that was making them sick, " Kiser

said.

His recommendations were blunt: Employees should consider wearing

masks or even protective suits until they knew how bad the mold was;

all of the carpet needed to be removed; and the bottom few feet of

the walls needed to be replaced to remove mold growth.

Moving out in the middle of the summer roofing season has cost the

company work, cutting deep into profits, Longman said.

After Longman complained to the city, an inspector came out on April

15, said , a duty supervisor at he Code Enforcement

Division. The inspector saw moisture damage around the walls, so he

sent a notice to Cho saying the problems needed to be fixed within

30 days, said.

Cho filed for an extension and was granted one. said it was

normal to grant the extension if the inspectors don't detect any

major hazards.

After Longman moved out, he gave the mold report to the city.

Another inspection was done on July 10. A city report the next day

said there was major mold and mildew damage in the building, citing

the Allergenie report. Warning signs were posted Aug. 7, nearly a

month after the second inspection.

" Once the professional company did the mold inspection, we had

evidence to move forward, " said. " We don't do intrusive

inspections; our inspections our mostly visual. "

The building now stands empty.

Cho's attorney Korte said he was unable to offer any further

statement at this time.

Longman said he is getting his business back in order and scrambling

to bid on roofing jobs.

And he's much wiser about the health risks associated with mold.

" I stopped working out for eight months because I was always sick, "

Longman said. " In hindsight, now I understand what was going on. "

Geiger, (757) 446-2643, jacob.geiger@...