Elder Abuse

[Narragansett]

Elder abuse is usually considered to happen with family members, and I am sure the laws vary state to state.

As a hypothetical, if elderly people ( 70's) rented an apartment ( month to month), and there was a documented condition of the presence of mold in the apartment, to the point that it had a strong odor and was visible, and the landlord refused to address the issue and remediate the condition, would that be considered elder abuse because the environment in the property is below normal air quality standards?

Should this be reported to a State agency governing elderly affairs?

 

[robrossk]

I would start with a call to the local or County Health Agency and go from there. Likely though the elderly couple would have to move out for the remediation (went through this with my daughter's condo).

 

[Narragansett]

I would start with a call to the local or County Health Agency and go from there. Likely though the elderly couple would have to move out for the remediation (went through this with my daughter's condo).

Who would pay for that cost, the landlord?

 

[THE PILGRIM]

Move that Old Humanoid away from the Mold Now!
The best move is a Move!
Not Litigation!

 

[Narragansett]

Move that Old Humanoid away from the Mold Now!
The best move is a Move!
Not Litigation!

Agreed, litigation is not the way to go. I am just trying to figure out if there is a state agency that would impose a mandate to help these people. I do not know their financial situation and bearing the cost of relocation. Just trying to help determine their rights

 

[Ivan the Butcher]

Agreed, litigation is not the way to go. I am just trying to figure out if there is a state agency that would impose a mandate to help these people. I do not know their financial situation and bearing the cost of relocation. Just trying to help determine their rights

I was in Apartment ownership and management for 44 years, the absolute fastest government mandated mold remediation will happen is 60 to 90 days!

That is pre Covid! It could easily be double that now! Best bet is move those people no matter how old they are, the mold is infecting them! And try getting their respiratory systems checked out too!

Ivan

 

[waffles]

In a prior job I dealt with a lot of elder abuse cases from the financial side, and the only time we saw dwelling conditions come into it were in cases where an individual was prevented from leaving (think abuser took their checkbook or car, wouldn't let them move out) and the conditions were absolutely terrible, like animal feces everywhere, rats/bugs, and general hoarding.

You're almost certainly better off talking to an attorney that deals with landlord/tenant disputes than pursuing an elder abuse case over mold. Or, since they're month to month anyways, just move em out. They're living in a bad place with a landlord who refuses to fix his property, this isn't going to be the last issue they have and they don't even need to deal with breaking the lease.

 

[skwchock]

This is a problem that needs some "corrective" measures to protect the elderly. They have limited resources so that is probably why they are unable to pursue legal action against the landlord.

 

[bigwheelzip]

We were landlords in NYC, and there were myriad city agencies that governed every aspect of multi-family permission and tenancy. Complaints against the landlord are easy to file there, also a case can be easily filed without a lawyer and brought before the Housing Court.

In my experience, what you describe has nothing to do with "Elder Abuse".

 

[Absalom]

….
As a hypothetical, if elderly people ( 70's) rented an apartment ( month to month), and there was a documented condition …..,

…. would that be considered elder abuse because the environment in the property is below normal air quality standards?

Should this be reported to a State agency governing elderly affairs?

I don‘t think a landlord-tenant conflict over a defect or failure to do proper maintenance can be defined as elder abuse just because the renters are elderly.

I‘m no lawyer, but I think there would need to be additional factors where the elderly folks are incapacitated, in some kind of dependent relationship, and the landlord has a legal obligation to take care of them, rather than just fulfill his contractual obligation to provide livable space to whoever rents his space.

 

[Onomea]

I agree with BWZ and Absalom. Elder Abuse seems convoluted way to approach the problem.

On the other hand, Ivan's observation that even if the authorities get involved, it's 60 to 90 days is sobering.

Pilgrim's "just move now" is probably the best solution for health.

If the landlord is a business, perhaps a threatening letter from a lawyer would work. (The company might conclude that just fixing the issue would be the easiest/simplest solution.)

Good luck.

 

[Chubbo]

Elder abuse is usually considered to happen with family members, and I am sure the laws vary state to state.

As a hypothetical, if elderly people ( 70's) rented an apartment ( month to month), and there was a documented condition of the presence of mold in the apartment, to the point that it had a strong odor and was visible, and the landlord refused to address the issue and remediate the condition, would that be considered elder abuse because the environment in the property is below normal air quality standards?

Should this be reported to a State agency governing elderly affairs?

No Pete, in most localities today that would be considered good, sound business practice.

 

[Narragansett]

I think that they will probably just move on. I just hate to see people disrupt their lives needlessly and incur unnecessary expense due to some slug

thanks guys

 

[sjs]

In no particular order:

1. As has been mentioned, moving is the best response. Month to month, but also a breach of the implied covenant of habitability that the law imposes on every lease.

2. Doubtful, but there may be some lease provisions that help, like attorneys fees if litigation is necessary, or deposit refund, but local legal aid offices will usually be able to handle this kind of thing.

3. They should document mold (pictures, etc.) and any health issues (especially respiratory), costs of moving and any higher rent expense, etc.

4. Most municipalities have offices that can help short of litigation. Even if it is not elder abuse there still may be some help available by govt agencies.

 

[Pete99004]

Move first - sue for expenses later.

Hope this helps.

Pete99004

 

[crstrode]

Agreed, litigation is not the way to go. I am just trying to figure out if there is a state agency that would impose a mandate to help these people. I do not know their financial situation and bearing the cost of relocation. Just trying to help determine their rights

Looking for government mandates :-0

You gotta be kidding me!

 

[sousana]

Agreed, litigation is not the way to go. I am just trying to figure out if there is a state agency that would impose a mandate to help these people. I do not know their financial situation and bearing the cost of relocation. Just trying to help determine their rights

Contact your local Agency on Aging, if anyone can help you they can.