I'm on the Medical Merry-Go-Round

[Mike]

Something I found while searching for Pennsylvannia slumlords. It references Harrisburg, but I would think it applies statewide. Here is a link to the state's landlord tenant act to see what rights you have http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf

http://www.thelpa.com/lpa/landlord-tenant-law/pennsylvania-landlord-tenant-law.html

TENANT-LANDLORD HANDBOOK
II. Repairs

--------------------------------------------------------------------------------

A. WHO IS RESPONSIBLE - LANDLORD OR TENANT?
Written leases sometimes state who is responsible for different kinds of repairs. For example, a tenant who is renting a house, rather than an apartment, may have a lease which states that all minor repairs are the responsibility of the tenant and all major repairs are the responsibility of the landlord.

If the tenant has an oral lease, or a written lease that does not state who is responsible for repairs, the general rule is that the landlord is responsible for all major repairs and repairs necessary because of normal wear and tear. If the tenant caused the damage, the tenant may be responsible for repairing the damage. For example, it a tenant's child breaks a window, the tenant may have to repair it.

If the lease does not state who has responsibility for a particular repair, the housing code of the city or township may have the answer. In Harrisburg, check with the Bureau of Codes Enforcement (255-6552).


B. WHAT SHOULD THE TENANT DO?
When repairs are needed, the tenant should tell the landlord what is wrong, in writing, and give the landlord a chance to make the repairs. If the tenant has trouble getting the landlord to make the repairs, there are several things the tenant can do


Call the City Bureau of Codes Enforcement and request a housing code inspection (see Section III).

Terminate the lease and move out.

Arrange to have the repairs made himself/herself by a reputable repair person and deduct the cost from the rent. (Warning -- this procedure can be dangerous if done without the landlord's agreement. Read Section C below carefully before using this remedy).
Recent new law in Pennsylvania now allows the tenant to stop paying some or all rent if the landlord does not make necessary repairs. A tenant who withholds rent when a landlord has failed to make necessary repairs may have a good defense it the landlord decides to sue for back rent or eviction, if s/he can prove that the house or apartment is worth only the smaller amount of rent. This new law is called "implied warranty of habitability" and gives tenants more rights than the old law did.


C. REPAIR AND DEDUCT AND IMPLIED WARRANTY OF HABITABILITY
Pennsylvania law allows a tenant to make necessary repairs and deduct the cost of the repairs from the rent under certain circumstances. Under the old law, repair and deduct was allowed in only two situations:


The landlord had promised to make repairs but repeatedly failed or neglected to do so.

The repair was necessary to prevent further injury to the property.
The old repair and deduct remedy could result in eviction based on non-payment of rent. To avoid eviction for non-payment of rent, the tenant had to show that the landlord consented to the repair. The best protection for the tenant was to get a signed agreement from the landlord authorizing the tenant to make the repair. Then, when the repair was made, the tenant paid the balance of the rent with a copy of a receipt for the repairs. The cost of the repair had to be reasonable and receipts were absolutely necessary.

If the tenant failed to get the consent of the landlord, the landlord could decide to terminate the lease and evict the tenant.

Example: Ms. Adams rented an apartment from Mr. Baker for $150.00 per month. The roof in the apartment developed a leak in April in Ms. Adams' living room. The rain water that seeped in through the leak was discoloring the walls and warping the wood floor. Ms. Adams called Mr. Baker, but he did not make the repairs. The stains on the wall kept getting bigger, and the floor became more warped. Ms. Adams then sent Mr. Baker a letter saying that if Mr. Baker did not make the repairs within two weeks, she would have the repairs made and deduct the cost from the rent. Ms. Adams heard nothing from Mr. Baker. Ms. Adams called Collins Roofers, a local company with a good reputation, and Mr. Collins made the repairs at a cost of $100.00. Ms. Adams paid Mr. Collins. In her next rent payment, Ms. Adams sent Mr. Baker a copy of her receipt from Mr. Collins plus $50.00. Ms. Adams' rent for that month was paid in full.

Under the old law, it was not clear whether or not Ms. Adams might be evicted for non-payment of rent or in retaliation for using this procedure against the landlord's desire.

Under the new "implied warranty of habitability" law, the tenant's obligation to pay rent and the landlord's obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. If the landlord breaks his obligation to keep the premises in a reasonable fit condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes all necessary repairs. The landlord must be given notice of defects and a reasonable opportunity to make repairs, but he does not have to promise to repair before the tenant withholds rent. The warranty of habitability is required by law in all leases (oral and written). The repair need not be necessary to prevent further in jury to the property to justify the use of the warranty; generally, substantial housing code violations are sufficient. In the above example, Ms. Adams could not be evicted for non-payment of rent it she used the warranty to justify a rent payment of only $50.00.

It is important that the tenant inform the landlord in writing of his/her intention to stop paying all or part of the rent if necessary repairs are not made in a reasonable amount of time. The tenant should keep a copy of the letter and copies of all receipts for repairs. If the landlord decides to sue the tenant for that portion of the rent which was withheld, the tenant will need these records as part of his/her defense.

 

[Mike]

I'm not a mold expert, but did work for a short time doing flood restoration and what happens is that you can't get at the water that has gotten into and behind walls unless you break into the walls and dig out the wet wall parts etc. From your description of what has happened in the apartment, I would bet you have a pretty bad mold problem going on.

I couple links on mold lawsuits, etc:

http://toxic-torts.lawyers.com/mold-litigation/Filing-a-Toxic-Mold-Lawsuit.html

http://www.nolo.com/legal-encyclopedia/mold-rentals-landlord-liability-responsibility-prevention-30230.html

edit added: I haven't found any cases specific to PA after a 20 min search.

 

[Ennio]

Ennio, I just have a hard time asking people for help or to do things for me. I was raised this way and it's something I'm working on. It's very difficult for me to ask for help, and even more difficult to ask people I don't know for help. It has nothing to do with not taking anything seriously or becoming complacent. I'm not complacent and I understand the gravity of the situation. If you think it might help, please do send the magnesium oil.

I was also wondering if it was something like this. I know this program too. What ends up happening sometimes is that the problems get exacerbated/compounded - so I am glad you can be open about it. :)

Just pm me the address when you can, Lisa.

 

[Lisa Guliani]

Shijing asked: Lisa, if this is a possibility, do you remember if you might have had mold in your environment when you were diagnosed with reflex sympathetic dystrophy back in 2000?

No, I was living in northwestern Wisconsin at the time. The RSD came from a broken bone that didn't heal, which turned into nerve damage that effected both legs and my right arm/hand. They said the nerve damage was in my brain stem. The home I lived in at the time did not have a moisture problem or mold issues.

As far as an attorney, I could call one, but I have nothing to prove my illness stems from any mold issues in this apartment. I can see if the doctor will schedule me for tests for mold toxins, but I'm not hopeful that is going to happen if she doesn't see any reason to order those tests, based upon what I've been diagnosed with. And the doctors are not listening to what I have to say, so my chances of convincing her the tests may be helpful or necessary are low, in my opinion. I'm being realistic. It's been two months and I still can't get anybody to test me for all of the markers Psyche suggested - and i wrote it all out and brought it into the doctor. This is why I still don't know if I have lupus.

By the way, this apartment has been inspected every year I've lived here and somehow, it manages to pass. This past inspection, the landlord was cited for a furnace violation and for a few other things, like lack of an operable baseboard heater in my bedroom. My landlord tried to say I must have done something to make the baseboard inoperable, but the thing hadn't worked since I moved in and had no covering on it. I had not had any heat in the bedroom the first three years of living here before this last inspection forced him to replace the baseboard. Somehow, the inspectors never seem to show up when it's raining or when there is standing water. Perhaps he pays them off, I don't know. It wouldn't surprise me in this city.

Don't you think it would be kind of difficult to prove that my health issues stem from the issues with this apartment? How do I prove that Vasculitis, Hypothyroidism and Reynaud's Disease and this 'unknown' infection are being caused by mold issues?

 

[Foxx]

By the way, this apartment has been inspected every year I've lived here and somehow, it manages to pass. This past inspection, the landlord was cited for a furnace violation and for a few other things, like lack of an operable baseboard heater in my bedroom. My landlord tried to say I must have done something to make the baseboard inoperable, but the thing hadn't worked since I moved in and had no covering on it. I had not had any heat in the bedroom the first three years of living here before this last inspection forced him to replace the baseboard. Somehow, the inspectors never seem to show up when it's raining or when there is standing water. Perhaps he pays them off, I don't know. It wouldn't surprise me in this city.

Don't you think it would be kind of difficult to prove that my health issues stem from the issues with this apartment?

It could be worth bringing in your own inspector, especially one that has at least some expertise in checking for mold, and see if that person has a different answer. That, I think, could then serve as evidence in court that your health issues are from the apartment, and may also serve as a heavier catalyst for the doctors to do mold tests. Even if the doctors don't, it may at least provide an answer for what the problem is from, for which you could then take action to correct it.

 

[jasstnhawk]

I think it is time to do some research on lawyers in the area who might take a contingency case regarding damages to health due to gross negligence. Can we get some research on that in PA?

Lisa, you could also look into receiving legal help through the law clinic at Penn State, perhaps via "Community Law Clinic" listed under the clinical programs offered.

About the clinical program @ Penn State:

Students learn by experience in Penn State Law’s legal clinics. Under the guidance of clinical faculty, second- and third-year students earn academic credit while engaging in all aspects of the legal process, from legislative advocacy to client representation. Corresponding skills training courses give students a knowledge base on which to build their professional experiences.

See: _http://law.psu.edu/academics/clinics and _http://law.psu.edu/academics/clinics/community_law_clinic

I will continue to 'dig around' for more info/avenues concerning legal help.

 

[Lilou]

Using the zipcode in the link posted by Laura, I looked for ACAM physicians in your area. I don't know exactly how far away they would be from you, but there were only 5 listed in a 100 mile radius. It may be worth while to collect ALL the medical records/test results that you have so far, and have them evaluated by a doctor who looks to heal/slow progression of a condition, rather than slice/dice and drug you.

[quote author=acam.org]
Donald Mantell Murrysville 15668 (724) 327-5604 MD Chronic Fatigue Syndrome, Fibromyalgia, Herbology, Hormone Replacement Therapy, Nutrition, Oncology, Thyroid Disease, Yeast Syndrome, Holistic Medicine, Naturopathic Medicine www.jamamedicalclinic.com

Ralph Miranda Greensburg 15601 724-838-7632 MD, FACAM, CCT Chelation Therapy, EECP, Family Practice, Nutrition, Orthomolecular Medicine, Preventive Medicine www.pursuitofhealth.com .

Martin Gallagher Jeannette 15644 (724) 523-5505 MD, DC, CCT Anti-Aging, Acupuncture, Chelation Therapy, Chiropractic, Environmental Medicine, Family Practice, Functional Medicine, Glutathione, Hydrogen Peroxide Therapy, Homeopathy, Hormone Replacement Therapy, IV Therapies, Nutrition, Oxidative Medicine, Ozone Therapy, Pain Management, PRP - Platelet Rich Plasma, Prolotherapy, Thermography, Yeast Syndrome, Holistic Medicine www.vitamincoach.com .

Adrian Hohenwarter Palmyra 17078 (717) 832-5993 MD Allergy, Anti-Aging, Arthritis, Autism, Auto-immune Diseases, Bariatrics, Botanical Medicine, Cardiovascular Disease, Chelation Therapy, Chest Disease, Chronic Fatigue Syndrome, Degenerative Disease, Dermatology, Detoxification, Diabetes, Endocrinology, Environmental Medicine, Eye Problems, Family Practice, Fasting, Fibromyalgia, Functional Medicine, Gastroenterology, General Practice, Geriatrics, Glutathione, Gynecology, Hypoglycemia, Hydrogen Peroxide Therapy, Homeopathy, Hormone Replacement Therapy, Infectious Diseases, Internal Medicine, IV Therapies, Legal Medicine, Lyme Disease, Metabolic Medicine, Nutrition, Orthomolecular Medicine, Oncology, Orthopedics, Otolaryngology, Pain Management, Parkinsons Disease, Pediatrics, Predictive Genomic Testing, Preventive Medicine, Physical Medicine & Rehab, Pulmonary Disease, Rheumatology, Rhinology, Sexual Health, Sexually Transmitted Diseases, Substance Abuse, Thyroid Disease, Urology, Weight Reduction, Women's Health, Wound Care, Yeast Syndrome, Holistic Medicine, Naturopathic Medicine www.dradrianmd.com .

Francis Powers, Jr Williamsport 17701 (570) 322-6450 MD Chelation Therapy, Colon Hydrotherapy, Metabolic Medicine, Nutrition, Orthomolecular Medicine, Radiology, Women's Health, Yeast Syndrome
[/quote]

It is unfortunate that none of these have hyperbaric oxygen, but it may be worth looking into a consultation with one of them. Dr. Adrian's website is still under construction, but Dr. Miranda's persuitofhealth clinic looks promising.

Best of luck to you Lisa. I will let you know when I receive the book on Reynaud's (it's on its way). I'll give it a quick read and forward it to you. It was advertised as the only comprehensive text on this syndrome and a must read if you've been diagnosed with it.

 

[jasstnhawk]

By the way, this apartment has been inspected every year I've lived here and somehow, it manages to pass. This past inspection, the landlord was cited for a furnace violation and for a few other things, like lack of an operable baseboard heater in my bedroom. My landlord tried to say I must have done something to make the baseboard inoperable, but the thing hadn't worked since I moved in and had no covering on it. I had not had any heat in the bedroom the first three years of living here before this last inspection forced him to replace the baseboard. Somehow, the inspectors never seem to show up when it's raining or when there is standing water. Perhaps he pays them off, I don't know. It wouldn't surprise me in this city.

Don't you think it would be kind of difficult to prove that my health issues stem from the issues with this apartment?

It could be worth bringing in your own inspector, especially one that has at least some expertise in checking for mold, and see if that person has a different answer. That, I think, could then serve as evidence in court that your health issues are from the apartment, and may also serve as a heavier catalyst for the doctors to do mold tests. Even if the doctors don't, it may at least provide an answer for what the problem is from, for which you could then take action to correct it.

Also according to the "Tenant Rights" listed on the University of Pittsburgh website (_http://www.ocl.pitt.edu/rental/tenant-rights.html), as a tenant you may ask your County Department of Health or State College Borough Planning Commission/Building Inspection to examine the conditions of your apartment. If the property does not meet legal standards of construction, maintenance, or safety, notice will be given to your landlord and a time will be set to make corrections. If repairs are not made by the deadline, the landlord may be legally cited and will have to appear in court. Furthermore, rent withholding may be undertaken only by authority of the Health Department. It may be authorized if your landlord is not responding to Health Department requests and the problems are significant. If authorized, you will be given instructions to establish an escrow account in a local bank into which all rent payments and fees must be paid exactly as specified by your lease. If after six months the problems have not been corrected, the department will authorize payment of the money to you and your lease will be voided.

Remember to document and take pictures of everything ...

 

[Voyageur]

One other thing that came to mind, which is evident in Pennsylvania and many other places, is the presents of Radon gas. Basements are particularly susceptible, especial with crack and leaks as you've described - it does not relate necessarily to your symptoms, however, it is another toxin like Mold to rule out.

A testing kit is easily bought and not very expensive. Also, here is a map of Radon concentrations in Pennsylvania _http://www.homeradontest.com/pa_radon_map.php Fwiw, this is something that others should check also and a map is a good place to start.

 

[Laura]

One of the big problems with all the "solutions" to things like this is that usually a person is sick and doesn't have the wherewithal - either physically or psychologically - to fight all these battles.

Perhaps if Lisa just mentions that she is talking to lawyers about the situation when she sees her doctor, it might change their attitude?

 

[aragorn]

Wow, Lisa, sure sounds like you might have mold in your apartment. In my country, because of many 'mold scandals' in the last decades, they now have experts who check for mold. You can't always detect it yourself, and even with no flooding or moist issues, it still can be there. I've heard of cases where in perfectly normal and dry houses, mold has been found after tenants complained about health problems.

Mold is very serious business, and can be deadly from what I've heard. I hope you'll get the legal help and find a way to move out as quickly as possible. The landlord are notorious for downplaying mold suspicions, it's a expensive and huge undertaking to repair mold apartments/houses. In many cases the place has to basically be rebuilt.

Can you stay at some friend a couple of days and see how that makes you feel health wise?

 

[Voyageur]

One of the big problems with all the "solutions" to things like this is that usually a person is sick and doesn't have the wherewithal - either physically or psychologically - to fight all these battles.

Perhaps if Lisa just mentions that she is talking to lawyers about the situation when she sees her doctor, it might change their attitude?

Think these are good words, a good place to re start.

Take it one step at a time Lisa.

 

[Gwenllian]

I was thinking about this last night. We had mold in the bedroom and I hadn't detected it. Then when I moved to another room I found out there was mold in the mattress and in the wooden frame of the bed. So I had to throw out the mattress and I cleaned the frame with tea tree oil and vinegar and water.

Do you have carpet or rugs or a couch? They could also be contaminated.

All the best to you, Lisa.

 

[Gimpy]

What does everyone think about one of these?

http://mold-test-kits-review.toptenreviews.com/davis-all-in-one-mold-test-review.html


Lab fees are included in the price? I'm still digging into this, no pun intended.

 

[Laura]

What does everyone think about one of these?

http://mold-test-kits-review.toptenreviews.com/davis-all-in-one-mold-test-review.html


Lab fees are included in the price? I'm still digging into this, no pun intended.

It's a place to start. FOTCM can certainly pay for it. With lab results in hand, pronouncing the word "lawyer" at regular intervals, she might get some action.

If it looks like the best, and if it looks like the results are accepted generally, at least to start with, let's do it asap.