Court battle looms over alleged apartment mold

LYNN – A Lynn family who claims its federally subsidized apartment at Marian Gardens contains mice droppings and toxic mold spores squared off with the management company Tuesday in Northeast Housing Court.Each side left their stipulations with Judge David Kerman and are scheduled to return Dec. 21 for a case review.Michael Lyons, 23, his pregnant girlfriend Nina Olson, 22, and their 7-month-old son Michael Jr., are living with Lyon’s mother, Lisa Lyons, in her Curwin Circle apartment, while their quarters are tested for mold and the rodents are exterminated.”The landlord is just not taking the health violations seriously or my clients desire to live in a place that has no hazards,” said Lynn attorney Michael Cerulli.The attorney said since the nearly 100 rental apartments at Marian Gardens are subsidized with taxpayer dollars, the management company ? MB Management of Braintree ? should be more responsive to tenant complaints.”Right now, their townhouse remains uninhabitable,” he said. “The landlord made superficial efforts to eliminate the causes of my client’s complaints. So we are going to hire our own mold expert, but before we go to that expense, we will let the city health inspectors go back there for another inspection.”Cerulli said two Health Department orders to clean the Lyons apartment and rid it of mice were not adequately followed by the management company.Attorney Lisa Gouveia, who represents MB Management, did not return calls from The Daily Item.MB Management hired a mold expert who took samples and determined no toxic mold is present.”We stipulated that the exterminator complete the remedial action and the mold be further investigated,” Cerulli said. “We would like to have the family back in their home by Christmas.”Lyons cannot work because of a medical diagnosis. Olson is six months pregnant with twins and fears for the health of her unborn children. Their son also suffers from respiratory ailments that the couple contends stem from the presence of mold and mice offal.