I'm wondering what my legal rights would be in this situation... (long)

mlebates

Yesterday my apartment complex maintenance guys fixed my tub which I knew was going to happen.  We had a crack about 6in long in the middle of the tub, and it needed fixing.  What we were NOT told was they would be re-finishing the ENTIRE tub, not just the crack (which of course he fixed the crack but did he really need to do the whole tub?)  The man fixing the tub was wearing a full respirator mask, re-faced the entire tub making it look all shiny, white and new.

 Now... What they didn't tell us.  We weren't aware that the fumes would be so terrible that I would have to drive to a gas station to use the restroom.  That my dog would puke from the fumes, OR that it would be unsafe for me let alone anyone else to be in my apartment.  I had ALL the doors and windows open, fans blowing, bathroom fan on, candles burning, and I still got sick and ended up in the ER today.

I was unable to hold down my breakfast or even water.  (I've not had any morning sickness so far in my pregnancy)  I called my midwife and her aid was PISSED.  She immediately sent me to the ER (scarring the crap out of me)  They did an ultra sound and baby is doing well, 160bpm, movements are good no problems.  I had to get hydro therapy, and a zofram.  Now my only side effect is a nasty headache. 

My apartment manager, the assistant manager, AND the maintenance guy all knew I am pregnant, and they still failed to provide us w/ the information that it could potentially be dangerous for me and my baby.  I spent as much time as I could outside, and kept the apartment open until it was too cold and we had to shut the apartment up.  Does anyone know what I can do about this?  What are my options?  Have you dealt w/ this before?  Any thoughts will be appreciated.  

 Thanks ladies! 

gisa886

I would request that they pay for a hotel until the apartment is aired out. I would go to the highest person in the office and if they refuse take it higher. That is ridiculous and you should have been told the risks. In my last apartment they wouldn't even spray for bugs when I was pregnant.

ateal2490

Excuse my language, but OH hell no. They were so in the wrong that they couldn't see the right with a magnifying glass. Did the apartment complex give you any paperwork concerning this? Anything you signed saying the work was completed? If so...check the fine print. Something like this happened to me and 1 of my cats got sick and the other died from the chemicals the complex authorized....BUT, in the teensy weensy fine print on the bottom of my "service" report, it said that if I re-entered my home before the 72 hour window (they never told me to leave) than I was responsible. Look up your state laws and take those mofos down. Glad you and the LO are safe.

mrs+harlow

How long were you exposed? Pregnant women should never be around chemicals with strong fumes or vapors for extended lengths of time. If you are concerned call the Teratology peeps and see if they know what the risk is :
https://www.otispregnancy.org/
I also found this for you which says pregnant women shouldn't be around the fumes : https://www.crystalcleanresurfacing.com/
It seems this process emits VOC's...if you weren't for a super long time I wouldn't be totally freaking. I would request to be put in a hotel for 48 hours until the smell is completely dissipated though.

mlebates

no paper work... not so much as a note. They told us nothing. they came in, fixed the tub, then left.  Not a word had been said.  The fumes were so bad my upstairs neighbors thought they had a gas leak.  They left with their NEWBORN to go to her moms house for a few hours.  THEY had to open up their apartment from the fumes... It was that bad.

mlebates

mrs+harlow:

How long were you exposed? Pregnant women should never be around chemicals with strong fumes or vapors for extended lengths of time. If you are concerned call the Teratology peeps and see if they know what the risk is :
https://www.otispregnancy.org/
I also found this for you which says pregnant women shouldn't be around the fumes :https://www.crystalcleanresurfacing.com/
It seems this process emits VOC's...if you weren't for a super long time I wouldn't be totally freaking. I would request to be put in a hotel for 48 hours until the smell is completely dissipated though.

The complex won't take responsibility right now.  The PREGNANT apartment manager said it's completely safe.  Thank you so much for the info.  I'll be doing my research tomorrow.  Oh and I was exposed all night.  I couldn't get a hold of anyone to see what I should do.  I just slept with the bedroom door shut, fan blowing with the window open.

rachelbradley44@hotmail.com

If you were able to get a note from one of the doctors that saw you in the ER stating that the fumes caused your reaction, the owners of the apartment might be apt to pay for a hotel, ER costs, etc.  If you cannot prove that it was unsafe, I'm sure they'll ignore any requests (unless they're really nice).  So sorry you had to deal with this!

mrs+harlow

Oh ok if the door was closed and you had a fan on and window open wouldn't be super crazy concerned about your little bean! Call the 1888 number on the teratology website tomorrow and see what they say. I would keep airing out the apt. too. That one website says the VOC's evaporate within 24-48 hours. And then I'd really give the management office of the apt complex a piece of my mind. I deal with solvent based chemicals at work every day ...they have intense odors but my doctor said just keep it off my skin, keep area ventilated and if I get a headache or feel weird to get out, . If you can get the MSDS report from the company that did the resurfacing you can see what the chemical was and the health risk associated with it ...I'd bet it was some sort of acrylic polymer or something. What idiots, though! They should have just put in a complete new tub!

lovelove2012

rachelbradley44@hotmail.com:

If you were able to get a note from one of the doctors that saw you in the ER stating that the fumes caused your reaction, the owners of the apartment might be apt to pay for a hotel, ER costs, etc.  If you cannot prove that it was unsafe, I'm sure they'll ignore any requests (unless they're really nice).  So sorry you had to deal with this!

yup, that's might be possible. Hope u resoveled the problem fluently.

LadyTyler

I will say that its actually extremely likely they DID have to refinish the whole tub, so I don't think that was wrong.

Them not telling you or your neighbors about the fumes?  Not okay.  Cities should also have someone to speak to about tenant/landlord concerns--I would try to speak to them about the issue.  I would make it clear that a.) they knew you were pregnant and b.) your midwife was also concerned and c.) they gave you no paperwork or information on what they would be doing.  I get paperwork to sign for all repairs, even if its something as silly as my blinds.

Good luck and I hope you get it sorted out quickly! 

slyrose123

I would be spitting fire balls. What makes them think it is ok for THEIR repair man to be wearing a mask, while the pregnant tenant and her animals are walking around clueless. Obviously they KNEW the chemicals were harmful or the repair man would not be wearing a mask. So how could they say you would be fine!?!?!?! 

sheilatakesabow

If i were you, I wouldn't bother calling.  Put your complaints in writing, documenting what happened.   Make it very clear and non-emotional.  Make it clear that they failed to provide you with notice of the use of the chemical, what it would do, etc.  Also make it clear that they knew you were in your first trimester of pregnancy, the period when organs are being formed.  Then, tell them what you are demanding.  Attach copies of the hospital receipts (as long as they don't contain info you don't want them to have.)  Demand reimbursement for the hotel and medical fees (and if I were you I would go to a hotel immediately.)  Tell them you want a response by X date, or will take further action.   

Send the letter certified, and conclude it by saying "this letter is written without waiver of any rights, all of which are hereby expressly reserved". 

kmt1986

Lurking from 2nd Tri...

I worked in an apartment complex for 2 years.  You don't really have any legal rights if nothing was signed, and that's up to the complex whether you have to sign for work to be completed in your home or not.  In ours, no signatures were necessary unless it went against a warranty on an appliance or if the tenant required that someone be home when Maintenance entered the apartment.

More than likely, the guy who fixed the tub was a contractor who saw the crack and fixed it without ever consulting with the main office.  So, he may have not known you were pregnant, and they may not have told him, which could lead to even deeper legal issues by revealing confidential information to a contractor without your knowledge.  Especially since under Fair Housing laws, the office cannot outright ask you if you are pregnant - it violates the disability law.  Yes, pregnant women are considered disabled because their mobility is limited.

My suggestion would be to take it up with your management company, not just the complex office.  They should have a regional manager.  Look on their website and see if a corporate office is listed.  Tell THAT person about the problem and tell them also that you are having to stay elsewhere.  They may pay for a hotel, or maybe an abatement of rent for the days that you do not stay in the apartment.  They should also be able to put an ozone machine in your apartment for 24 hours (no one can be in there while this happens) to get rid of fumes.  That's how we got rid of stinky pet and food smells after someone moved out.

Sorry this happened.  Hopefully my advice makes sense!

sheilatakesabow

kmt1986:

Lurking from 2nd Tri...

I worked in an apartment complex for 2 years.  You don't really have any legal rights if nothing was signed, and that's up to the complex whether you have to sign for work to be completed in your home or not.  In ours, no signatures were necessary unless it went against a warranty on an appliance or if the tenant required that someone be home when Maintenance entered the apartment.

More than likely, the guy who fixed the tub was a contractor who saw the crack and fixed it without ever consulting with the main office.  So, he may have not known you were pregnant, and they may not have told him, which could lead to even deeper legal issues by revealing confidential information to a contractor without your knowledge.  Especially since under Fair Housing laws, the office cannot outright ask you if you are pregnant - it violates the disability law.  Yes, pregnant women are considered disabled because their mobility is limited.

My suggestion would be to take it up with your management company, not just the complex office.  They should have a regional manager.  Look on their website and see if a corporate office is listed.  Tell THAT person about the problem and tell them also that you are having to stay elsewhere.  They may pay for a hotel, or maybe an abatement of rent for the days that you do not stay in the apartment.  They should also be able to put an ozone machine in your apartment for 24 hours (no one can be in there while this happens) to get rid of fumes.  That's how we got rid of stinky pet and food smells after someone moved out.

Sorry this happened.  Hopefully my advice makes sense!

Her legal rights derive from her lease and state and federal and local law:  her state/municipality may have different regulations than those where you worked. 

But the landlord needs to provide her, under the warranty of habitability contained in any lease, with housing that is safe and livable and sanitary.  Filling the apartment with fumes so bad her pets puked and she ended up in the ER does NOT qualify; her not signing something when the repair guy shows up does not change that.  In fact, in a state that has strong tenant protection laws there may well be rules they violated in how this occurred re: procedure (not providing notice of the chemical, etc.)  

Fair housing laws require that they not discriminate against someone who is pregnant, not pretend that she isn't when they know she is; not discriminating includes refusing to make reasonable accomodations in rules or services to allow for use by the disabled person.

Good advice to seek rent abatement and the ozone machine.