Mold in our bathroom & because of that my son has been suffering with his tonsils and now has to have them removed...

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Is there anything I can do?

Attorney Answers

3
Steven Smollens ·
Dear Brooklyn Tenant: Yes. There are so-called home remedies NYC suggest tenant may employ on their own. There are professional mold remediation companies employed by property owners and home owners to remove and abate mold conditions when easy fixes fail. The underlying support for mold development is moisture hidden in walls and ceilings from concealed plumbing leaks, leaks through a facade and leaks from a roof. See: http://www.nyc.gov/html/doh/html/environmental/mold.shtml See: http://www.nyc.gov/html/recovery/html/resources/mold.shtml See: http://www.nyc.gov/html/doh/downloads/pdf/epi/mold-brochure.pdf You did not mention you ever informed your landlord or filed a complaint or called 311 to initiate an inspection by the city. NYC tenants have a direct right to a court proceeding against a landlord who does not fix dangerous conditions. So you had a right to a court order to abate the mold condition. See: http://nycourts.gov/courts/nyc/housing/startinghp.shtml You did not mention if the doctor connected the mold to the tonsillitis suffered by your son. Tonsillitis is more often caused by bacterial and viral infection than by mold exposure. But if the doctor did connect the mold to your son's injury you will need to connect with a personal injury attorney.
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Sandra Prowley ·
if there is documentary medical evidence that your son's tonsil was removed due to mold in the bathroom, you can retain counsel on to sue on your behalf
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Richard J. ChertockReal Estate AttorneyMelville, NY ·
You can file a complaint with 311 about the mold. You should also consult with a personal injury attorney to determine if you have an action for damages against the landlord.
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