Court reversal makes NYC property owners liable for mold illnesses

TRD New York /
Apr.April 02, 2012 10:00 AM

Last month, a Manhattan appellate court reversed an earlier decision and linked building mold with serious illnesses, sending waves of fear through property owners as lawsuits could increase, according to the Wall Street Journal.

The reversal comes four years after an earlier ruling, in A Case Involving An East 52nd Street co-op, that the scientific evidence of a mold-illness relationship was weak. Meanwhile, since 2007 there has been a 19 percent increase in the number of mold-related housing violations in the city, climaxing at 15,942 such violations last year, and a 67 percent increase in the number of violations categorized as “immediately hazardous.” But because of the 2008 ruling, personal-injury mold suits have slumped.

Now That The Appellate Court has reversed its decision in a case involving a one-time resident of a ground-floor apartment in a Hell’s Kitchen tenement, that trend could be reversed.

“It is going to result in a heck of a lot more lawsuits being filed by people who have mold- and moisture-related conditions and suffer from health effects,” said Bill Sothern, a certified industrial hygienist who sometimes testifies about mold damage in court.

The Real Estate Board of New York’s counsel said she hoped the state’s Highest Court, the New York Court of Appeals, would take the case to give “true clarification.” [WSJ]


Related Articles

arrow_forward_ios
John Banks

High expectations: A look at John Banks’ 4 years at REBNY

High expectations: A look at John Banks’ 4 years at REBNY
John Banks

John Banks to step down as REBNY president

John Banks to step down as REBNY president
REBNY Awards

Newmark Knight Frank wins REBNY retail award for Alamo Drafthouse deal in FiDi

Newmark Knight Frank wins REBNY retail award for Alamo Drafthouse deal in FiDi
REBNY president James Whelan (Whelan by Anuja Shakya; iStock)

REBNY’s political contributions plummet

REBNY’s political contributions plummet
Clockwise from leftREBNY's James Whelan, StreetEasy's Matt Daimler and NYRAC's Heather McDonough Domi (Getty, iStock)

NYC’s lockdown will count as one day on the market for resi listings

NYC’s lockdown will count as one day on the market for resi listings
REBNY president James Whelan and 570 Lexington Avenue (Whelan by Evan Gutierrez, Google Maps)

REBNY lays off staff, slashes salaries

REBNY lays off staff, slashes salaries
REBNY's James Whelan, State Sen. Julia Salazar and New York Attorney General Letitia James (Getty)

Broker-fee ban courtroom showdown pushed — again

Broker-fee ban courtroom showdown pushed — again
As New York real estate prepares for phase two, REBNY has released a set of guidelines for conducting business in person

Health screenings, liability forms: REBNY offers guidance for in-person showings

Health screenings, liability forms: REBNY offers guidance for in-person showings
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...