In Las Vegas, it’s important for apartment owners and managers to work with their residents to assess mold risks and respond reasonably to those risks and any instances of mold. Not only will you improve your residents’ quality of life, but your response can be your best defense in court.

MOLD infestation and litigation have seize the rental housing industry’s attention in recent months. Nothing seems to focus our thoughts like bad publicity and big judgments. Yet many responsible owners and managers have dealt successfully with similar property issues for years. A combination of education, training, risk assessment and reasonable responses will serve us all well in this latest challenge.

Education

Fungus is present everywhere in our environment without a threat to health or property. Even in our homes, mold does not necessarily present a health threat. Molds are common fungi. They are dependent on factors including temperature (above 40 degrees Fahrenheit and below 100 degrees Fahrenheit), a nutrient base (such as wood or ceiling tiles) and, most importantly, moisture. In these conditions, molds thrive and occasionally result in property damage to households and adverse health effects to residents. In certain individuals, exposure to specific molds may result in allergic reactions, asthma and other serious health problems.

There are certain technologies available that can contribute to the detection of mold in residences. One method is to use the air-sampling techniques available, although these do not always result in the most accurate readings. These tests of indoor air quality can detect certain species of mold, but are not foolproof. There are also laboratory-sampling techniques available that may help to determine the level of contamination. These samples are evaluated to identify the particular contaminants within the environment. However, these techniques only identify existing problems. The better course is prevention when possible. Contamination can best be prevented by monitoring the moisture within the environment, and by maintaining clean surfaces and promoting proper air circulation.

NAA/NMHC have been in the forefront of education on this issue. NAA/NMHC’s member-only White Paper on Mold has been available since January 2001. (For more information about the mold white paper, please contact Michelle Mathis at 703/518-6141, Ext. 140, or michelle@naahq.org.) This paper is periodically revised and it is an excellent resource for apartment managers and owners to learn how to prevent and, if necessary, dean up mold contamination. Some of the best attended seminars and meetings at NAA’s 2001 Education Conference and Exposition in Las Vegas were on mold prevention, remediation and litigation. The course materials and audiotapes of the seminars are available through NAA. (Contact Jeremy Figoten at 703/518-6141, Ext. 130, or jeremy@naaq.org.) NAA has also prepared a Mold Action Kit that contains additional briefing material. Finally, NAA is revising our Certified Apartment Maintenance Technician (CAMT) curriculum to include segments on water intrusion and how to deal with mold.

Risk Assessment

There are certain steps both residents and managers can take to reduce mold. The question is when does the responsibility shift from the resident to the property manager? We have learned from years of premises liability cases that courts will determine owner/manager liability by examining the reasonableness of their responses to a foreseeable risk. We shall begin with an assessment of risk.

Premises Liability refers to cases in which injuries are sustained on the property or premises of a negligent third party. These types of cases often involve incidents of slip and/or trip and fall, when a defective condition, foreign substance or object causes a person to fall and sustain serious injury. An attorney must be able to show how long the dangerous condition or substance was there and must show the awareness the owner had before the accident.

Occupational and environmental health experts are required when dealing withissues involving occupational medicine, occupational exposure to toxic chemicals, and occupational noise exposure. These experts may provide reports on National Ambient Air Quality Standards (NAAQS), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), leaking underground storage tanks (LUSTs), and occupational safety. Expert witnesses found through this page may also testify regarding biological agents, chemical agents, solvents, heavy metals, physical agents, noise, vibration, ionizing radiation, the Occupational Safety and Health Administration (OSHA), occupational exposure, environmental exposure, occupational cancer, and cumulative trauma disorder, as well as related issues.