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Newsday
Friday, June 13, 2003
REAL ESTATE
Staying Alert to Mold / Though toxic varieties are less
common, ordinary cases can affect your health and signal
larger repair needs
By Ellen Mitchell. Ellen Mitchell is a freelance writer
Someday, perhaps, Hollywood may make a sequel to "Erin Brockovich":
"Erin Brockovich: War Against the Killer Molds." Brockovich, the
environmental activist portrayed by Julia Roberts, has now taken up the cudgel
against toxic mold. Using royalties earned from the 2000 movie, she bought a
million-dollar home in Southern California - only to find it overrun with
Stachybotrys atra, a toxic black fungus that can creep unseen throughout a home,
eating away at its value and causing serious health problems.
This fungus first made headlines in the 1990s, particularly in a nationally
publicized case of one family's plight in Dripping Springs, Texas. The family,
sickened from its Stachybotrys-saturated 22-room mansion, battled with its
insurance company and finally won a $32 million court award in 2001, later
reduced to $4 million. The family said the insurer minimized both the cleanup
and the health effects of the mold contamination; the newly constructed house
was eventually burned down.
Recently, Ed McMahon, TV pitchman and former Johnny Carson sidekick, agreed to a
$7.2-million payment from his insurers to settle his claims that toxic mold in
his Beverly Hills mansion sickened his wife and killed his dog.
In Manhattan, Richard Kramer, a former resident of an expensive condominium at
515 Park Ave., is suing the building's developer and others in State Supreme
Court for $400 million in compensatory and punitive damages, asserting in court
papers that an "explosion" of toxic mold infestation rendered his
condo "a dangerous place to live." Kramer alleges that a "killer
fungus" wiped out the value of his residence and caused his wife and child
severe respiratory damage and extreme emotional distress.
Today, Brockovich is urging California lawmakers to pass legislation that would
require builders and contractors to assume some responsibility for mold
cleanups. California already has three laws in addition to pending bills dealing
with the study of mold levels and protections. Several states, including New
York, require questions regarding mold in the disclosure forms that sellers must
provide home buyers, but there are no state or federal statutes setting
standards for mold exposure or cleanups. Nationwide, there are more than 5,000
mold-related lawsuits now pending against insurers by homeowners battling to
collect claims, according to the Insurance Information Institute, a
Manhattan-based trade group.
Although experts say they are not aware of any mold lawsuits on Long Island,
there are thousands of varieties of mold in the region - and many of them can
cause respiratory distress. So far there have been occasional findings of toxic
black mold but no cases of major Stachybotrys infestation in a residential
property, according to many observers, including insurers, real estate agents,
lawyers, inspectors and mold clean-up and remediation specialists. There are no
figures on the frequency of mold in local homes, and not surprisingly, owners
affected by mold generally decline to discuss their situations, experts say,
fearing their houses will be devalued.
"We do see [mold] on Long Island; it's not totally unusual. But it's not
only Stachybotrys," said Michael O'Reilly, chief executive of Tradewinds
Environmental Restoration, a testing and remediation specialist and unit of the
Windswept Environmental Group in Bay Shore. "There are a lot of other molds
that aren't good for us, and a lot depends on whether or not the individual is
susceptible to those molds."
O'Reilly said the mold his company finds most are Cladosporium species, which do
not release the same type of microtoxins as some of the more dangerous molds.
Cladosporium is a common indoor and outdoor airborne allergen that can trigger
hay fever and asthma. Indoors, it can thrive as a light green to black mold and
is often found on air vent grills.
According to Warren Cronacher, president of Criterium-Taucher Cronacher
Engineers in Rockville Centre, a home inspection and engineering firm,
Stachybotrys occurs "in spot instances." He cited a recent infestation
from a plumbing leak left unattended in a $6-million home.
The heavy rains this spring could add to mold problems, but so far, mold has not
had a major impact on the housing market, real estate agents say.
"I haven't heard from any of our customers or even other Realtors of any
complaints or issues about mold," said Frank Dell Accio Jr. of Century 21
AA in Lindenhurst.
Still, the growing number of publicized cases nationwide has spurred much
discussion in real estate circles. Century 21 AA now offers brochures on mold in
the home prepared by the National Association of Realtors.
Molds reproduce by means of tiny spores that float through the air. They require
moisture and something to feed on, such as wallboard or insulation, to grow.
When spores are allowed to fester on a wet surface, they grow rapidly.
"It has to be addressed and taken care of or it can spread under proper
conditions, especially in the summertime," Cronacher said. "We see it
in basements that have flooded, in ceiling tiles where there's been a leak in
the room above, in the attic from roof leaks, around windows or behind the
shower wall."
Mold can develop pretty much anywhere inside or outside the home, experts say.
The source can be an outside drainage pipe or leaking gutter or poorly graded
property. Moisture trapped between the exterior and interior walls can cause
mold. Mold can rot through wooden windowsills. When visible, it can appear as a
discoloration - ranging from white to orange, green to brown or black - and it
can have a musty odor.
Cronacher listed stagnant water in humidifiers as another "perfect
ocean" for mold development. Mold, he said, can migrate throughout a home's
heating or cooling ductwork.
One prime reason for the increased presence of mold inside homes is the
widespread drive for energy efficiency.
"A big part of the problem is that we construct tight homes and
buildings," O'Reilly said. "The cost of heating and air-conditioning
has driven our engineering practices to develop a house that is tight, so we
literally have an incubator where you have a tight house and water
intrusion." Simply opening a window to increase ventilation can sometimes
be helpful, he said.
Cronacher advised keeping the entire house, including the attic and crawl
spaces, well ventilated. The indoor humidity should be kept below 70 percent.
Basements should be kept dry, which means regularly cleaning rain gutters and
pitching the ground away from the foundation.
Small areas of mold usually can be cleaned by a homeowner with a mixture of one
cup of household bleach to a gallon of water, experts say. It is important to
have good ventilation during the clean-up and advisable to wear a dust mask and
rubber gloves. At the same time, the source of the moisture causing the mold
must be eliminated. It may be necessary to replace tiles, wet carpet,
floorboards and wallboard.
If mold has spread beyond a small area or if a person is prone to respiratory
ailments or chronic allergies, it is recommended they seek professional help to
eliminate the fungus and its source.
According to Dr. Jill Karpel, director of the Beth Thalheim Asthma Center of the
North Shore-Long Island Jewish Health System, mold in a home or workplace can
cause inflammation of the sinuses, runny nose, asthma, watery eyes, coughing,
shortness of breath, dizziness and fatigue. She said that in extreme situations,
such as the Texas case, constant exposure to a highly toxic mold can result in
neurological symptoms such as memory loss.
Karpel said some of her patients who were never before affected by asthma
subsequently developed it when exposed to significant mold infestation. Once
asthma is triggered by mold, it can sometimes be more easily triggered by other
things - even after the mold is cleaned up.
Karpel previously worked at Montefiore Hospital in the Bronx, where "there
was much more [mold-related illness] given the social conditions, the apartment
buildings and the inability of the population to control the environmental
triggers."
Engineering companies such as Criterium-Taucher Cronacher inspect homes for mold
and determine what cleanup steps may be needed. Tradewinds uses humans and
Labrador retrievers to sniff out and battle mold. The company tests air and dust
samples for mold spores. Within minutes, dogs can find hidden mold "where
nobody can find it," O'Reilly said.
Dogs have long been used to detect mold in Europe, after a Swedish government
study cited dogs' keen sense of smell in ferreting out fungus, added Tradewinds
executive vice president David Harvey.
Once the source of the mold is determined, the area is sealed off to prevent
spores from spreading. Exhaust fans carry the air from the sealed-off area to
the outside. If wallboard, for example, is involved, it is removed; wood is
scraped, sanded and often refinished. While jobs for small cleanups may cost
only $3,000, according to O'Reilly, the average cost for large projects
involving tearing out or scraping and refinishing wood is between $10,000 and
$15,000.
The number of testers and mold remediators grows, while their work goes
unregulated.
During the past two legislative sessions, state Sen. Carl L. Marcellino (R-
Syosset) has introduced the Toxic Mold Protection Act, which would create a task
force of scientists, builders and architects, lawyers and insurers to advise the
government on mold policy, including exposure limits, assessment standards and
remediation.
"It is time for New York State to take a serious look at mold and indoor
air quality," said Marcellino, who is chairman of the Senate Environmental
Conservation Committee.
In Washington, Rep. John Conyers Jr. (D-Mich.) has introduced the U.S. Toxic
Mold Safety and Protection Act, named the Melina Bill after the 7-year-old
daughter of Conyers' office manager, who filed a lawsuit claiming her child was
severely poisoned by toxic mold in their new home.
The legislation would establish guidelines for certifying mold inspectors and
remediators, authorize tax credits for inspection and remediation of mold
hazards, and provide six months of vouchers for housing, food and transportation
expenses for those left homeless by mold. It also would create a public national
toxic mold insurance program to protect homeowners from catastrophic losses.
"I'm probably getting 40 to 50 calls a week about this. It's a serious
problem, a disaster," said Joel Segal, Conyers' legislative assistant for
health care.
Nationwide, the insurance industry has been caught off-guard by the potential
financial implications of the growing wave of mold-related claims. A typical
homeowner's mold-related claim is between $15,000 and $30,000, according to
Robert P. Hartwig, vice president and chief economist for the Insurance
Information Institute. The insurance industry nationwide paid out $2.5 billion
in mold-related claims last year, about twice the amount paid out in 2001,
Hartwig said, and the institute predicts that some insurers may boost
homeowner's premium rates by as much as 25 percent due to the growing number of
mold claims.
Some states have allowed insurers to exclude mold coverage from homeowner
policies, while other states have set caps on mold-claim damages. Some insurers
are offering separate mold coverage policies at a steep price. In New York, the
state Department of Insurance has not set any mold-related provisions regarding
insurance policies.
While there have been several major mold-related insurance claims in New York
City during the past few years - mainly because of the size of affected
residential and commercial buildings - there appear to have been few insurance
claims or lawsuits on the Island.
"We've heard lots of buzz and concern, but in terms of claims being filed
... I don't think we've seen any," said Peter Schapero of The Signature
Group, an insurance agency in Garden City. "Certainly when there is a water
damage claim more attention is paid to the remediation of the claim, and it's
looked at with an eye toward future problems, where in the past that wasn't
necessarily the case."
Jon Schuyler Brooks, chairman of the environmental practice group at Ruskin,
Moscou and Faltischek, a law firm in Uniondale, said they have not handled any
mold cases involving residences, although he cited one situation - not a lawsuit
- involving a "very big mold problem" in a local school district.
"There is real potential for the mold situation to present itself in the
residential sphere in apartment complexes, whether privately or publicly
owned," Brooks said. "The tenant goes to the landlord, who may say,
'It's your fault.' But, more likely, the landlord is going to turn around and
say, 'How did this happen in my building?"' He said potential
"up-the-chain parties" such as architects and contractors could face
liability.
The New York State Property Condition Disclosure Act, which took effect last
year, requires sellers to fill out a questionnaire regarding their knowledge of
the property's condition and defects, including water damage and the presence of
mold.
A seller, however, has the option of giving the buyer a $500 credit at the time
of closing, rather than filling out the questionnaire - and many sellers are
choosing the opt-out clause, experts say.
Despite the relatively few lawsuits on Long Island, mold has become a
significant legal issue and is now part of the state's continuing legal
education program, Brooks said.
"Many people consider mold to be the next asbestos, but there's a
significant difference," Brooks said. "Asbestos fibers don't make
their way into homes and buildings without being put there. There's no
manufacturer of mold. It's not like there's a Johns Manville, as there was in
the asbestos litigation."
WHERE TO GET MORE INFORMATION
Though proposed legislation on mold issues is pending in Washington and Albany,
there are no federal or New York State standards yet on regulating the mold
remediation industry.
At the same time, there are many new firms touting mold detection and
remediation services, and even some do-it-yourself home mold detection kits,
such as Hometest, available on the Internet. Experts advise that homeowners
check with local consumer affairs agencies and the Better Business Bureau before
engaging a testing or remediation company and ask a company for examples of
removal experience and references.
Here are some additional Web sites providing information about molds and their
potential health effects:
www.epa.gov/iaq/molds/index.html
The U.S. Environmental Protection Agency's Web site offers basic information on
mold and mildew. Consumers also can obtain a free booklet on mold basics and
cleanups from the site or by phoning EPA Indoor Air Quality Information
Clearinghouse at 800-438-4318.
www.cdc.gov/nceh/airpollution/mold
The U.S. Centers for Disease Control and Prevention has information on mold
under sections on "Air Pollution" and "Respiratory Health"
www.nyc.gov/html/doh/html/epi/moldrpt1.html
The New York City Department of Health has guidelines on "Assessment and
Remediation of Fungi in Indoor Environments."
www.lungusa.org
The American Lung Association's site for information on air quality and health
issues.
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