Lab results show no toxic mold at Lynn apartment

LYNN – A private testing company has determined the mold in a Marian Gardens apartment poses no threat and remediation is not required.But an attorney for the family living in Unit 22 on Flint Lane has questioned the findings of the company hired by the landlord.Michael Lyons, 23, his pregnant girlfriend Nina Olson, 22, and their infant son, Michael Jr., have temporarily moved into Lyon’s mother’s apartment in the Curwin Circle public housing development while issues with their federally subsidized three-bedroom unit are resolved.Kevin Baptista, an asset manager for MB Management of Braintree, has been handling the Marian Gardens situation while the regular manager is on vacation. A spokesman for the company said OccuHealth on Nov. 21 inspected the apartment and conducted a mold assessment that included collecting samples to test for mold spores.”Based on the results, it is OccuHealth’s professional opinion that remediation of that unit is not required,” the spokesman said.Lyons has taken action against the landlord and the management company in Northeast Housing Court for respiratory and neurological ailments incurred due to the presence of toxic mold and mouse droppings.A mediation court hearing before Judge David Kerman is scheduled for Dec. 7 in Lynn.The management company is under city Health Department order to clean the unit and exterminate mice.MB Management hired OccuHealth in Mansfield to conduct a mold assessment. The test results indicated the mold is not toxic, according to the management company.Lynn attorney Michael Cerulli, who represents the tenants, said the test results could be biased.”The defendants were ordered by the court to have the place tested. This is their hand-picked expert. I’m certainly not going to rely on that alone,” he said. “If that’s the case and there is no toxic mold, then I’m glad for the family that there is no long-term damage to the child, who I understand has improved since he has moved out of the apartment.”Cerulli said the landlord received two prior notices in November from the city Board of Health. “Each time they were given five days to rectify what was described in the first notice as a black soot problem. But nothing was done for two weeks, so the Board of Health came in again, cited them for the same situation and also for rodent problems,” he said.Cerulli said the apartment is a health hazard that should be cleaned by the landlord, for-profit Marian Gardens Limited Partnership, and the management firm.The apartment woodwork, walls, ceiling, doors and appliances are pocked with mold growth, the carpeting littered by mouse offal.Doctors who examined 7-month-old Michael Lyons Jr. in October concurred that his respiratory problems could be related to the housing conditions.Michael Lyons is considered disabled from attention deficit hyperactivity disorder (ADHD) and cannot work. His girlfriend is expecting twins in February and fears returning to the apartment.The three-bedroom welfare apartment in question is subsidized by the U.S. Department of Housing and Urban Development (HUD). It has a fair market rental value of $1,623 per month. Michael Lyons Jr. is the fourth generation of his family to occupy the apartment.Rhonda Siciliano, a spokesman for HUD Regional Administrator Richard Walega, said MassHousing, the state agency which administers HUD contracts in Massachusetts, was made aware of the situation on Tuesday.”They had already requested information from the management company,” she said Wednesday. “They are expecting a response next week when the Marian Gardens (site manager) returns from vacation.”Siciliano said HUD’s Boston office has not received any complaints from tenants at Marian Gardens.”There is a process in place for when we receive complaints, but there have been none in regard to Marian Gardens or Unit 22,” she said. “The normal procedure is to follow up with MassHousing because they are the contract administrator.”