Landlord Not Responsible for Mold

Facts: In April 1999, tenant complained to the building doorman about a four- to six-inch wet, dark brown spot in the middle of her dining room wall. Within a week, the building handyman removed Sheetrock and found a tiny crack in a steam pipe. When the steam was turned on in October, landlord was able to pinpoint the location of the crack and a plumber immediately replaced a section of pipe. In response to tenant's other complaints about dripping air conditioners in her apartment, staff from time to time changed the filters. In the fall or winter of 1999, tenant began to feel ill. In July 2001, her doctors told her to have the apartment tested. The tests confirmed toxic mold in July 2001, and tenant moved out. In October 2001, tenant notified landlord of the claimed mold condition. Tenant then sued landlord for negligence. Landlord asked the court to dismiss the case without a trial, arguing that tenant didn't give sufficient notice of the condition. The court ruled for landlord, finding that there was no proof of continuous complaints about repeated water entry and therefore no foreseeable mold hazard. Tenant appealed and lost, although one judge on the panel disagreed. Tenant then appealed to New York's highest court.

Court: Tenant loses. Landlord responded promptly to tenant's complaints and made repairs. Tenant never complained that the air conditioners dampened her carpet or that any areas smelled musty or moldy. And tenant moved out of the apartment three months before she notified landlord of the claimed mold condition.

Litwack v. Plaza Realty Investors, Inc.: NYLJ, 10/29/08, p. 29, col. 3 (Ct. App., Kaye, CJ, Ciparick, Graffeo, Read, Smith, Pigott, Jones, JJ)