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Press Releases

For Immediate Release: Friday, July 29th, 2005

Contact: Jordan Isenstadt (c) 516.991.3842 (w) 212.490.9535 (f) 212.490.2151

             

***PRESS RELEASE***

 

State Senator Liz Krueger Praises

Establishment of State Toxic Mold Task Force

 

New York, NY – Saying, “toxic mold poses an unacceptable risk to New York State's health and environment,” State Senator Liz Krueger (D-Manhattan) praised the passage of legislation to establish a toxic mold task force.  The bill, A. 4577-B/ S. 1771-B, creates a task force to assess the nature, scope and magnitude of the adverse environmental and health impacts caused by toxic mold.  Senator Krueger stated her desire to see the task force make substantive recommendations to address proper remediation measures for apartments infested with toxic mold.

 

Toxic mold can cause allergies, trigger asthma attacks, detrimentally affect the function of vital human organs and increase susceptibility to colds and flu.  People with a genetic predisposition can become allergic if exposed repeatedly to high enough levels of toxic mold.  These toxins can also have deleterious effects on humans when ingested, inhaled or come in contact with skin. 

 

“Toxic mold presents a serious danger within buildings and structures,” said Senator Krueger.  “It is important that the extent of its presence be determined and a corresponding plan of action be taken to eliminate such hazards from buildings and structures within New York State.  Identifying and studying this indoor toxin is the first step towards eliminating it from homes, schools and buildings.”

 

Senator Krueger also expressed her desire for the task force to make substantive recommendations to regulate the proper remediation of toxic mold, especially in residential buildings.  New York’s deficient regulations regarding toxic mold remediation has created unimaginable living conditions for tenants throughout the five boroughs. 

 

Senator Krueger and her district office staff have assisted numerous tenants seeking assistance with toxic mold in their apartments.   

 

The case of Robin and Mara Schuster, constituents in Senator Krueger’s East Side district, exemplifies the devastating effect that New York’s laws can have on those living with toxic mold.  The two sisters have engaged in an extended battle in both State Supreme Court and Housing Court after their landlord failed to properly remediate their apartment, which was infested with toxic mold.

 

This past January, the Schuster’s reached an agreement with their landlord in State Supreme Court to have their apartment and belongings fully remediated.  Because state law does not provide the judge with any instructions on mold remediation, the Schuster’s apartment remains infested and uninhabitable.  “Mold remediation companies are not licensed in New York and, consequentially, it is impossible for tenants to know whether the apartment has been properly remediated,” stated Senator Krueger. “Oftentimes, the only way to know if an apartment has actually been remediated is to wait and see if the mold reappears.”

 

The Schuster’s troubles were further intensified when their landlord attempted to collect rent for two apartments simultaneously.  After having reached an agreement with their landlord, the sister’s were moved to another apartment within the same building line for a comparable price.  The landlord attempted to bill them for rent for both their old and new apartments.  The Schuster’s stopped paying rent after their landlord failed to return their belongings fully remediated, leaving the two without essential items like plates or sheets.      

 

Senator Krueger’s district office has been working with the Schuster’s since the fall of 2004.  Because New York offers few protections to those affected by toxic mold, aides to the Senator have expressed frustration that they are unable to comprehensively address the Schuster’s problems.   

 

“Clearly, the case of Robin and Mara Schuster illustrates New York’s failure to protect citizen’s from toxic mold and highlights the need for sensible regulations regarding its remediation,” stated Senator Krueger.  “The Legislature cannot continue to fail those New Yorkers suffering from the disruption and compromised health caused by toxic mold.  I hope the task force makes substantive recommendations on these very serious issues.”

 

John Fisher, the Schuster’s attorney, echoed the Senator’s calls for regulating remediation procedures, “my clients have suffered through years of poor health and unimaginable living situations because New York has failed to lay out regulations for remediating toxic mold,” stated Mr. Fisher.

 

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