Mold Growth Causes Friction Between Landlord, Tenants

A malodorous mold has invaded a luxury apartment complex here, forcing some residents to evacuate their units amid complaints that they have been stricken with rashes, sinus congestion and flu-like symptoms.

The William Lyon Co., which owns the Barcelona Resort Apartments, says it relocated about 20 families during the last several months and paid for the treatment of some who claimed to have been sickened by the fungi.

Frank Suryan, president of Lyon Management Group, which runs the apartment complex, confirmed that the company has had to move about 20 families and clean up mold in 100 units. Some residents contend company officials and contractors have told them that occupants of up to 88 units have been relocated.

Suryan insisted that only 20 families were moved.

He said he believes that no tenants were endangered by the mold.

“The last thing we’re going to do is put people at risk,” Suryan said. “We’ve tried to be responsible landlords.”

Allen Stroh, a supervisor for the Orange County Health Care Agency, said mold infestations are common, especially in coastal areas, but it was “unusual” for so many units to be evacuated.

The creeping mold has poisoned relations between Lyon Co. and some residents who said they were attracted to Barcelona by its Mediterranean charm and promise of a luxurious lifestyle.

Barcelona Resort Apartments, which has about 590 units, is among three Lyon-owned apartment complexes spread out on rolling hills near Aliso Creek Road and the San Joaquin Hills toll road.

Residents pay from $940 monthly for a one-bedroom unit to $1,345 for a three-bedroom unit to share convenient amenities such as indoor racquetball and basketball courts, as well as a child recreation room.

At that price, many say they should have not to deal with unwanted fungi.

One couple, Julie and John Barry, said a Fullerton dermatologist told them that sores and flu-like symptoms suffered by their three young children were likely caused by allergic reactions to mold spores.

The children’s health problems “cleared up” after the family moved last February to another section of the apartment complex, the father said.

“Our kids had eczema that turned into open sores,” said John Barry, who has an 8-month-old daughter and two sons, ages 3 and 2. “We weren’t going to take any chances. . . . I’m not going to risk my kids’ health. . . .”

A UC Irvine toxicologist, who was hired by Lyon to assess the problem, said that although extensive tests discovered some toxic fungi in the apartment complex, the levels were generally lower than those found outside the buildings.

“Unless you’re extremely sensitive to mold, there should not be any health risk,” said Dr. M. Joseph Fedoruk of UCI’s Center for Occupational and Environmental Health in Irvine.

Fedoruk and others say there is ongoing academic debate over the dangers of molds.

“At high concentrations some of these molds can present a health risk,” Fedoruk said. “But we’re not seeing those levels” at Barcelona.

County health officials say that while household mold is common in coastal areas, health-related problems associated with spores are rarely seen.

Tom Sinks, an epidemiologist with the federal Centers for Disease Control and Prevention in Atlanta, said the agency had conducted little research on mold, but “in my opinion, it is reasonable to be concerned about [mold’s] irritant component.”

Although there is ongoing medical debate over the potential effects of toxic mold, “we should also be worried about exposure to people who show allergic reactions [to fungi] and people with chronic pulmonary and respiratory diseases,” Sinks said.

Some residents have accused the Lyon Co. of attempting to intimidate them into keeping quiet about their fears.

The residents point to a recent letter written by Lyon asset manager Carla Lowry after it came to the firm’s attention “that you may have been discussing the recent discovery of mold at Barcelona Resort Apartments with some fellow residents and others.”

“We trust and expect that the information you are providing to your residents is accurate and truthful,” Lowry said. “Of course, we are sure that you are aware that it is entirely inappropriate for you to discuss this matter without adequate factual support.”

Suryan said the company decided to send the letters to some residents after learning that a few had been “spreading rumors” that the mold posed a health risk.

“We simply wanted to tell these few rabble-rousers that if they spread these rumors and they resulted in people leaving our apartments, they better be careful,” Suryan said. “It’s against the law to spread damaging rumors.”

A small group of residents have retained an Oakland attorney to help recoup losses suffered from mold growing on their furniture and personal possessions.

Other residents have asked their attorneys to reserve their rights to sue should they develop any mold-related illnesses in the future.

Fedoruk, the UCI doctor, said the mold problem worsened during the last year. Lyon officials believe that moisture--caused by condensation in some apartments--was cultivating the mold, Fedoruk said.

During the last few months, UCI officials have tested the fungi level in nearly 100 apartment units, about 20 of which had been evacuated, Fedoruk said.

Ellen Sellers, 32, was among those who asked to be relocated.

Sellers said her problems started shortly after she moved into a bottom-floor unit last December with her husband and their 2-year-old daughter. She said the family experienced fever, headaches and nasal congestion for weeks at a stretch.

During the same period, Sellers, who was several months pregnant, noticed black mold growing along window sills and along the edges of the floor.

Sellers, who holds a degree in microbiology, said she began wondering whether the mold spores were affecting her family’s health and her unborn child.

Suryan said there was never any need for alarm, insisting “this is the same stuff we have in our showers at home.”

Sellers contacted company officials who agreed to move her family into a three-bedroom unit in the adjacent St. Moritz Resort Apartments.

The Sellerses were eventually compensated for mold damage to their belongings, but declined to sign a waiver absolving the firm from future claims, she said.

“Who knows what the effects of this could be five years from now?” said Sellers. “That’s my big concern.”

Another family, the Barrys, said the Lyon Co. is seeking to evict them because they withheld their rent to protest the firm’s handling of their complaints.

John Barry said the family has tried to stamp out mold in the their ground-floor apartment for the last three years. The fungi grew behind couches and under the carpet and stained the walls of bedrooms, the living room and patio.

“We had to clean it up every 10 days or so,” Barry said.

But the apparent allergic reactions his children had to the mold concerned him more, Barry said.

In February, company officials moved the Barrys to an upstairs apartment in another section of Barcelona.

The Barrys abandoned nearly all of their possessions, purchasing new bedding, clothes and toys for the children, Barry said.

The couple asked Lyon officials to reimburse them, but the firm replied that it would pay only for “cleaning the couch and our clothes,” said John Barry.

Suryan said the Barry’s claims were “excessive.”

“We were happy to replace any damaged items, but we were not going to buy a brand new TV and brand new refrigerator as they wanted. They wanted everything replaced. That’s being abusive.”

The Barrys responding by withholding rent. The company countered by serving the family with eviction papers earlier this month.

The Barrys have retained Oakland attorney Eric Ivary, who is representing other Barcelona tenants, to defend them in court.

“It appears as if the William Lyon Co. has treated different tenants differently,” Ivary said. “They relocated some families to permanent housing and that was not offered to the Barrys. For whatever reason [the Lyon Co.] has not fulfilled its obligation to provide a safe . . . residence.”

Suryan, disputed that, saying the firm was evicting the Barrys because they had not paid their rent.

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Spore Wars

To help prevent the onset of mildew:

* Keep it clean. Make sure closets, drawers and other places where mildew is likely to thrive are as clean as possible. Soiled articles can supply enough food for mildew to begin growing with the proper combination of temperature and moisture.

* Cause control. Because mold spores are present in the air, they can settle any place that it is more or less continually damp. Excessive moisture may mean repairs or more insulation is needed.

* Dry the air. Air-conditioners and dehumidifiers remove moisture. Keep windows and doors closed when using either.

* Move the air: Poorly ventilated areas are very susceptible to mildew. Use electric fans in windows to remove air from the house.

* Banish odors: Musty odors may indicate mold growth, particularly in obvious areas such as bathroom shower stalls. Scrub tiled walls and bathroom floors with a solution of one cup household bleach to a gallon of water; rinse with clean water and wipe as dry as possible. Keep area ventilated until thoroughly dry.

Source: U.S. Department of Agriculture