December 21, 2015
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Natural Resources Defense Council (“NRDC”) issued a news release stating that:
. . . A federal judge today ruled the New York City Housing Authority (“NYCHA”) has failed to provide timely and sufficient repairs to rampant mold and moisture problems in public housing that aggravate tenants’ asthma, as required by a settlement reached with the Natural Resources Defense Council and the National Center for Law and Economic Justice two years ago.
NRDC states that the two organizations filed a December 2013 class action on behalf of affected tenants and community partners, South Bronx churches and Manhattan Together in regards to these issues.
The settlement agreement is stated to have included a commitment by the NYCHA to:
- Acknowledge that water is the root cause of mold and therefore address the problem at its source, rather than relying on the insufficient cosmetic fixes it has used in the past (i.e. painting and bleaching over moldy walls).
- Respond to mold and moisture complaints within a specific, reasonable timeline:the simplest of repairs in 7 days and more complex repairs in 15 days.
- Recognize that indoor mold and moisture are a health threat to residents with asthma, acknowledging they are entitled to civil rights protections under the Americans with Disabilities Act.
NRDC states that a United States District Judge granted the organizations’ motions to enforce the terms of the prior settlement because of a determination that NYCHA has “been in violation of the agreement from the day it was signed.” It further states that the judge granted the parties request for a court-appointed independent authority to oversee NYCHA’s compliance with the order “moving forward”.
Click here to download a copy of the news release.
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