Video – Senator Bill Nelson Says The Federal Courthouse In Tampa Is Making People Sick

February 16, 2009 

Many Federal Courthouse workers have known that the building is making people sick.

Note – I have to wonder if all those trying to keep silent the fact that toxins from mold infested indoor spaces can cause illness and death and working to keep laws from being passed will quiet this down asap.  And is this another case of these toxins only being harmful to public officials, politicians and judges etc. while those of us poisoned in apartment complexes and homes also with documented reports are ignored?  None of the complaints in the article are new to us. I can only imagine the cost of this problem and hope it gets resolved.  Some of those exposed in this building may have permanent health damage and what seems “criminal” is the fact that all these health issues are known and laws that would help prevent this and protect people are kept vague through corruption and greed.  katy

Posted in Environmental Health Threats, Health - Medical - Science, Mold and Politics, Mold Litigation, Politics, Toxic Mold | Tagged , , , , , , , , , , , , , | Leave a comment

The Louisiana Housing Finance Agency should read this – Residents impacted by severe mold problem – 300 plus at risk & some to evacuate

The Louisiana Housing Finance Agency purchased an apartment complex – Jefferson Lakes – after mold testing was done in 2007 (during time of sale) showing visible mold and mold in the HVAC systems.  They have no problem ignoring this and leasing these apartments. 

The sale of this complex was approved for purchase by the Louisiana State Bond Commission  after we lived in a toxin filled apartment for 4 months in 2005 (different owner).  Our mold testing (tape, swab,air) confirmed several toxin producing molds in the HVAC system and very extensive visible mold growth throughout the apartment.  What a coincidence the judge for the defendant’s (the property management company) motion for summary judgement was the husband of the Commissioner of Administration who is on the State Bond Commission approving the sale.  An apartment complex purchased by the state with knowledge of the mold problem is something they would prefer to keep quiet and therefore keep leasing!  Our attorney, who I guess decided this was more than a quick settlement and more than he wanted to deal with, made obvious ERRORS to try and end this all as soon as possible.  More on those Errors to come.  Two of the attorneys working on this quit when questions were raised.  The answers one was told to respond with just sound stupid but I suppose lying would be worse.  Smart move on their part.  

The article

KateGiammarise – The Blade – Toledo, Ohio  

Dec. 18, 2008 – SEVERAL RESIDENTS – and possibly many more – will have to be moved from their apartments at Brand Whitlock Homes because of problems with excessive mold.

Throughout the public housing complex, “mold is pervasive” and “can probably be found in more than half of the units,” according to a study performed in November for the Lucas Metropolitan Housing Authority by HazCorp Environmental Services.

It estimated at least half of the units — about 150 — have “mold issues” and of those, at least 50 “are experiencing what could be considered serious mold problems.” The study concludes “some of these units are not presently fit for human occupancy, many of these are currently vacant, however, some are still occupied.”

Home to more than 300 families, Brand Whitlock is Toledo’s oldest public housing complex; it opened in 1938.

A meeting is planned for 6 p.m. tonight at the Brand Whitlock Community Room, 642 Division St., to advise residents about the situation. The meeting is hosted by the Central Residents Council and the county housing authority.

LMHA Executive Director Linnie Willis said at least two residents have been moved and two others are in the process of moving.

“We do not want our residents living in those conditions,” Mrs. Willis said yesterday at an agency board meeting.

She said the housing authority is trying to gauge the extent of the problem and urged residents to come to tonight’s meeting.

Aneel Chablani, director of advocacy for Advocates for Basic Legal Equality, or ABLE, a law firm that represents low-income people, said the housing authority has been too slow to address the problem.

“We don’t feel like there’s an urgency to address this,” Mr. Chablani said.

The housing authority has known about the problem since at least 2005, when an earlier study was conducted about mold.

“We are very concerned about the health risks and the exposure that has occurred to the residents over at least the last three years,” Mr. Chablani said.

According to the 2008 study, mold can cause upper respiratory problems including nasal congestion, sneezing, running or itchy nose, exacerbating pre-existing asthma, wheezing, and coughing.

ABLE is calling for additional mold testing to be done throughout the complex, and a relocation plan is to be put in place to help residents who need to leave their homes.

The 2005 study said the problem was “a threat to the safety and welfare of the occupants and the conditions should be corrected as soon as possible.”

Mrs. Willis, who did not become the agency’s executive director until 2007, said she did not see a copy of the earlier study until last year. She said she does not know why the problem was not dealt with in 2005.

Because of the age of the buildings and other problems at Brand Whitlock, the housing authority has been hoping to redevelop the site, either with a massive renovation or just tearing down and building new.

Mrs. Willis said this problem validates the authority’s concern that the buildings are functionally obsolete, and an investment should be made in new buildings rather than paying to modernize the old ones.

Both studies said the construction of the buildings contributes to mold growth. There is no insulating space between the exterior masonry walls and the interior walls, and the temperature inside the units changes rapidly. The buildings are heated with an antiquated boiler system using steam heat, which tends to add moisture, meaning the problem will be difficult to get rid of, the 2008 study stated.

Resident Anthony Palmer, who is moving out of his apartment next week, said he continuously tried washing away the large patches of mold in his living room and bedroom, but they kept returning. He said he is happy to be moving out, and believes the mold might have contributed to his catching frequent colds.

Because the buildings themselves are a factor, the mold could be a very difficult problem to tackle, Mrs. Willis said. While she emphasized the number of people impacted was still being determined, she said “massive relocation” of tenants could be necessary.

“But then the question becomes, where are all these people going to go?” she said.

The second study said the cost of getting rid of mold in 150 units could “easily escalate into an expenditure of hundreds of thousands of dollars.” The agency’s budget is already stretched, but Mrs. Willis said LMHA might be able to tap into an emergency reserve fund of several million dollars.

Two of the residents being relocated had not even complained about the mold at all, and the problem was only discovered because of a random inspection, Mrs. Willis said.

That was the case for Eloise Warner. Ms. Warner, who is moving out of her apartment at the end of the week, had lived there since 1994, she said.

She had never complained about the mold near her doorway, which she said she assumed was caused by some kind of leak, or the mold along her kitchen window. She said she doesn’t believe she suffered any health problems as a result.

Mrs. Willis said she believes the authority needs to check every single unit. She also urged residents to speak up.

“We need people to come to the meeting,” she said. “We need them to talk to us and help us make some decisions.”

knowledgeplex.org

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Public Citizen “Gripe Site” Representation

A “gripe site” is a web site established to criticize an institution such as a corporation, union, government body, or political figure. Not surprisingly, powerful institutions often do not take kindly to being criticized, and they have invented a variety of ways to try to suppress the speech of their adversaries.

Public Citizen has been in the forefront of the legal defense of the First Amendment right to maintain a gripe site, defending against claims that challenge the domain names of gripe sites, the use of meta tags or other devices to call the public’s attention to the sites, and baseless claims of libel or other torts that are invoked as a basis for shutting down critics.

Briefs and other materials on these cases available here.
 
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Piercing the Corporate Veil of Secrecy – Dirt Diggers Digest – Chronicling Corporate Misbehavior (and how to research it)

by Phil Mattera

Congratulations to Wikileaks, Wal-Mart Watch and a handful of other web resources for being chosen by Portfolio magazine as the “top anti-corporate sites.” Specifically, the magazine is featuring sites that have done the most to distribute confidential—and often embarrassing—corporate documents or otherwise publicize material that companies want kept quiet. “From anonymous whistle-blowers who post secret documents online to fan sites that spill trade secrets,” Portfolio writer Kim Zetter says, “websites and their owners can be a major thorn in the side of corporations that find comfort behind a veil of secrecy.”

Wikileaks is focused on piercing that veil. The site was at the center of controversy a few months back when Swiss bank Julius Baer tried to get it taken offline after it posted documents that purportedly showed how the bank’s Cayman Islands branch helps wealthy clients hide assets and launder money. Much of the web community rallied to the defense of Wikileaks, and the censorship move was defeated.

Wal-Mart Watch, of course, is one of two national campaigns aimed at reforming the giant retailer. Aside from producing its own critiques of the retailer (including one to which I contributed), the group has used its site to publicize internal company documents leaked to it. Among these was a memo in which the company discussed controlling health care costs by methods such as making physical activity part of every job, apparently so that those in poorer shape would not apply.

The other sites singled out by Portfolio are –

Farmers Insurance Group Sucks, a site produced by a disgruntled customer who now publicizes lawsuits against the company, complaints to state insurance agencies, and unflattering insider testimonials.

HomeOwners for Better Buildings, a site that exposes the shortcomings of the residential construction business, especially KB Homes. It is filled with homebuyer horror stories and has an “Implode-O-Meter” that tracks companies in the industry experiencing bankruptcy or other forms of distress.

Zetter has only scratched the surface, and she seems to realize it. She says to her readers: “If you have suggestions for other pesky sites that are a reliable source for inside information about a company or industry, please let us know. We’ll write about the best ones in a follow-up article.” So go ahead and let Zetter know about the wider world of the corporate-critical web.

dirtdiggersdigest.org

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Homeowners say arbitrators biased toward builders – “It’s a kangaroo court for the homeowner”

By Kevin Duffy

The Atlanta Journal-Constitution

February 17, 2009

Greg and Kimberly Cole and their three children have slept in cars, in a tent, in a motel, at friends’ houses — all to avoid staying at their $429,000 house in Marietta.

The Coles say construction problems at their 3,400-square-foot house led to cracks, leaks and mold that’s sickened them.

They went to binding arbitration with John Wieland Homes and Neighborhoods because that’s what their home warranty required. Builders require buyers to agree to arbitration to avoid costly litigation when conflicts arise. But the Coles say arbitration failed them. Many of the repairs they sought were rejected by the arbitrator, and the ones that were ordered almost two years ago have not been made.

Homeowners recently visited the office of Senate Majority Leader Chip Rogers (R-Woodstock) to advocate changing state arbitration law to strengthen the homeowners’ hand. Rogers said last week he’s heard only the homeowners’ side of the story and is still looking into the issue.

“It sounds as if maybe the arbitration system needs to be changed so you don’t have what appears to be a very predictable outcome in every instance,” he said.

The Coles and other homeowners believe arbitrators are closely tied to home builders, to the detriment of homeowners.

“We already knew which way it was going to go. They just showed up,” said Jeanette Martin, who lost an arbitration in Fayette County involving Morningside Homes LLC. “I think all of them know each other.”

Bill Clements was involved in a dispute with Sharp Residential over problems with joists and wood floors at his new home in Kennesaw.

“It’s a kangaroo court for the homeowner,” Clements said. “We won but it was a grossly short amount of money considering what had to be done. My hardwood floors are a disaster.”

And because the arbitration decision is binding, “there’s no appeal whatsoever,” Clements said.

State law leaves the selection of the arbitrator up to builder agreements or the courts; both sides can employ attorneys. Wieland Homes required Cole and Hollin to use arbitrators selected by Construction Arbitration Associates because CAA is cost effective, John Wieland said.

Wieland said the Coles rebuffed offers to buy back the house at a premium and later prevented the builder from making repairs the arbitrator ordered. Greg Cole said Wieland offered only what he paid and he denied blocking repair efforts.

James Hollin, an attorney who lives in a Wieland community in Fayette County, lost an arbitration decision regarding room sizes and other issues.

“We think there’s a bit of bias” in how arbitrators are chosen, Hollin said. Arbitrators should be state vetted and chosen randomly or homeowners should help select them, he said.

Hollin withdrew three claims in his arbitration and lost on seven others, including seeking restitution for 30 shrubs eaten by deer after closing. Wieland Homes was ordered to repair sod and remove boulders.

Arbitration works, Wieland said, because otherwise “unhappy people can go into court and cost builders a lot of money, and it can end up there’s nothing wrong. The jury is not a construction expert.”

Homeowners voice skepticism about arbitrators’ neutrality in part because they teach courses on behalf of home builders.

Robert Merz, the owner of CAA, led courses last summer on quality construction sponsored by Bowen Family Homes. The home builder used Merz’s presentation to help market Stonehaven Pointe in Forsyth County.

“The construction at Stonehaven is superior,” Merz is quoted as saying on the Bowen Homes Web site. “I looked for areas that needed improvement to use for instructional purposes, but, honestly, the homes were built so well that flaws were not evident.”

Merz, a former instructor at Georgia Tech, said in an interview he teaches courses approved by the Georgia Real Estate Commission, and some are for the benefit of buyers.

“Promotion for the courses at Bowen was outside the arbitration guise,” he said.

CAA selected Tom Gotschall, president of Construction Diagnostic Services, to arbitrate the Cole case. Gotschall also teaches courses but said “I’m not myself a home builder. I’m not part of that community.”

“I must take an oath of neutrality. I take that seriously,” he said.

Arbitration often is held at the house in dispute and can take a few hours or all day as both sides make their arguments. Gotschall ruled for and against the Coles on a long list of issues in 2007 but little has come of it.

Their house is in foreclosure because the Coles stopped making payments two years ago.

“The roof leaks, the windows leak, the door leaks,” Greg Cole said. “The house is basically worthless.”

ajc.com

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