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720 n18th ave 1D_0001 Brenda Wheeler From: Sent: To: Subject: formsreply@huntel.net Wednesday, April 29, 2009 7:22 PM cityofblair Web Site Contact ******************************************************************************* MessageType: Subject: Name: email: mailing: citystatezip: phone: FAX: Date: General Unsafe Structures Shaorn S Osmera sosmera-horserider~hotmail.com 720 N 18th Ave. Apt 1 D Blair, NE 402-990-1508 68008 Wednesday April 29, 2009 message: My name is Sharon Osmera and I live in Quail Run Apartments, 720 N 18th Ave. Apt 1 D, Blair, NE 68008. I have rented my current apartment for approximatley 5 months and have been experiencing health issues since moving in. About am month ago I discovered a significant amount of black mold and what appeared to be a backup of sewage in drain in the HVAC closet of my apartment. I took pictures of the contamination, reported the issue to the landlord, and have submitted three letters of request to be moved to another apartment. The last letter I received denied mold exisited and that it was "build up of dust and dirt", and they painted the room. A large amount of black mold can still be seen in the walls and inside the HVAC unit. I and two other family members continue to experience health issues and are under the care of a physician for allergy and breathing related issues. It appears as though there has been a water issue from an upstairs apartment as the ceiling in the HVAC closet is sagging in and the ceiling in the next door bedroom has a large drywall patch. How do I go I get the apartment inspected by a third party and help resolving the issue with my landlord to be relocated to healthy environment? We have contacted Three Rivers Health Department and they advised seeking legal advice. I don't have the money to pay and attorney. Please call me at 402-990-1508 Sharon 1 HOUSING INSPECTION REQUEST FORM THREE RIVERS DISTRICT HEAL.TH DEPARTMENT Dodge, Saunders & Washington COllnties Name: shart,'n .e r1..SI'J'iPFra Address: 7J I) Ii. /0 _ / P 41t City/State/Zip: Slii/y j/t' ,.4u? .A-?f I/J b;r!itJ l? The Three Rivers District Health Department assists citizens in the Dodge County area with addressing unsafe housing conditions. These unsafe housing conditions include but are not limited to such things as mold, infestation by rodents and/or insects, and other imminent health and safety issues arising from living conditions due to sub-standard housing or housing that does not meet code for decent, safe and sanitary housing. Before you request assistallce from Tlrree Rivers District Healtlr Departmellt you must Irave cOlltacted your lalldlord hvice, ill writillg, to request tire lalldlord correct tire problem (retaill copies of your writtell requests). If the landlord does not respond to your requests, you may then complete and submit this form to Three Rivers District Health Department, 33 West 4th St, Fremont, NE 68025, to request their assistance in addressing your housing problems. Shocon R O,~YY1.Q",(3.. TenantlHead of Household Art. 1 ~6 IJ (1. j 8 - Ave ~ I I> Street Address of Rented Unit Apt # 50 'T- q q - i.? \ (( Social Security Number for identification purposes only (3 \cL~\- I\J~ ~ 8' 00 g, City / State / Zip Part A: I hereby give permission to Three Rivers District Health Department to inspect the premises currently leased to me and to intervene and take action on my behalf based on: % Failure to Act on the part of the Landlord or Management Agent to provide decent, safe and sanitary housing or when major health and safety issues are presented concerning my housing. JZ( Other(specifY) c/"~~/(I't"L'WI -rAP l'h,.jrl /lC(1nlr;",? 16 5f-4I'1d4".JC,'; .,lld-n' /(jvC'':?:;. Se'l'~ h.e.. cl.' cl no./- ~.' -" l h.e t.J"'~ (; t '<.<m :"(i up Mc/id" d-c ,~I' t'd i -I- uktS rho leI. Part B: Briefly describe the housing concern for which you are requesting assistance (include all relevant documents and photos with . . this form): T )~A(/cL. be.e n 5/ e k. tAp ern /1'7aJ;-I1? l' n f<.' -n,:5 ..q. j'.fir+ YJ1<r- 1-.711 J! 1../ de 11<'+ _ _ ~.a." 1:_ C/o, f :I.ie hi c' ,-:1 /1/.rfllE-r A J4...j;zJ. m~!] I-- __t...J :.f!t-Pl..J . 1"'lIL.__p"vtF_n_cl ~ove_, ( d<'Y>(.ls:.l ) :;: /va..Je- .fo/d :rh4..rn ;: h4u{" ././/I-e.-'1N5 1--0 clu..s-/- ;n..I--e.~~ molds; t!.Ai-5, c/oqs. +i?c'1 h.4v( ell'S l'Z-eo/C(vrcJed .fv<'v"l../ ..rh.... 'J tiA U'(' S~<..ct -h, d4o<.t'H ( Part C: I hereby consent to authorize the Release of Information to the Three Rivers District Health Department to inquire and request information regarding my HOUSING lease or terms of contract, current rent and security deposit, family composition, any paid or unpaid fees or charges for damages, late rent, utilities, storage, or any other cause. I understand this information will be used to assist me and my family with the housing concerns as stated in Part A. I hereby consent to authorize the Release of Information to the Three Rivers District Health Department to inquire and request information regarding my or my family's MEDICAL history. I understand this information will be used to assist me and my family with the concerns as stated in Part A. I hereby consent to authorize the Release of Information by Three Rivers District Health Department to act as agent on my behalf with proper authorities to assist me and my family with the housing concerns as stated in Part A. _/d~j/1n// a:~ "J~?~ Tenant / Head of Household L/-of/- () 9 Date Three Rivers District Health Department Date ~t-;: ~ 13, 2009 Connie Hron Manager, Quail Run Apartments 720 North 18th Ave, Apt 10, Suite 2 Blair, NE 68008 Dear Connie, I'm writing as a follow up to our conversation and the conversation I had previously with Jerry regarding allergens in my apartment causing health issues that I am currently being treated by Dr. James Huerter, ENT, for. I made the request to be moved to a different apartment and have not heard back from either you or Jerry. I reported mold and contamination issues in the utility room containing the air circulation system. According to the repair tickets the floor and walls of the room were painted. However, I am still experiencing allergic reactions while in the apartment and there are concerns that mold and other contaminants still exist in the ceiling, air ducts, and carpet in adjoining room. Please contact Dr. Huerter or myself to discuss a resolution to this issue. Sharon Osmera cc: Dr. James V. Huerter, MD ENT 17030 Lakeside Hills Plz # 204 Omaha, NE 68130 (402) 758-5600 ~ [;::? ~ ~ "U" I-~ LJ~' dVI ~ LJ ~. 1'--1 IS [i'::!) "'ii'" @) 720 North 18th Ave, Apt 1D, Suite 2, Blair, NE 68008 Ph 402-426-9199 Fax 402-558-2323 April 15, 2009 Sharon Osmera 720., I D Dear Sharon, I received your letter dated May 13, 2009 requesting another apartment. I brought this to the attention of our Corporate office and owners of the property. Together, we have determined to grant your request. However, we can only accommodate you with the Special we are offering at this time. That is ~ off your first month rent with a signed 12 month lease. The Deposit is now $350.00 which is our normal deposit. We are not offering any Specials on Deposits at this time. Also, you still owe us an outstanding deposit of $99.00 on your current apartment, which has not been paid. Please contact Jerry to see the two apartments we have available. Please note that all deposits and rent must be paid before this transition can take place. Thank you. Sincerely, Connie Hron Manager Quail Run Apartments Cc: Tenant File 4/15/09 Quail Run Apartments Dear Connie, I received your letter in repsonse to my request for a resolution to my health conditions I have reported to you that according to my doctor, Dr. Huerter, are caused by allergen and contamination issues in my current apartment. A contamination issue was acknowledged in the repair tickets, new paint was applied to the floor and walls, but paint alone does not solve mold contamination isssues and I continue to be affected by allergens in the apartment. I do not feel requiring an additional deposit is acceptable or in compliance housing authority regulations when a health or contamination issue is reported. My specific request is that I be relocated to another ground floor apartment, either 2 or 3 bedroom, with no adidtional deposit required, and pay your advertised rent for a 2 or 3 bedroom apartment accordingly. Sharon Osmera cc: Dr Huerter PARTNERSHIP, LlP 701 Olson Drive Suite 109 Papillion, NE 68046 April 20, 2009 Sharon Osmera 720 N 18 Ave. Apt. 1D Blair NE 68008 Dear Sharon, This letter is being sent in regard to your letter, dated May 15, 2009, to Connie Hron, Manager of Quail Run Apartments concerning alleged allergens in your apartment and your request "to be moved to a different apartment". Our records indicate on March 31,2009 your concerns of "Mold in the furnace closet" were investigated by our maintenance, Jerry Underwood. NO evidence of mold was found however, Jerry did find that the furnace closet contained a buildup of dust and dirt and that there was evidence of an old water stain on the ceiling. In an effort to remedy this situation Jerry scheduled services of cleaning as well as painting of the furnace closet and those procedures were completed on that same day. In order to proceed with your request to transfer to another apartm~nt we will require documentation from your-physician indicatingthe-nature~f yo~rallergens-is a-direct result of you living in your current residence. Upon receipt of t~~t d99umentation a determination will be made by this office to approve or deny the transfer. Quail Run, it's Owners and/or agents, cannot guarantee that a transfer to another apartment will remedy and or eliminate any or all allergies or allergens of any person. If a transfer is approved, you would be terminating your current rental agre~ment. Therefore the following will be required by our company: " , 1. This transfer will only be valid on a same size apartment transfer. 2. A new 12 month lease agreement will be required along with any and all other leasing documents required. 3. A security deposit in the amount of $350.00 will be due ~~d pavable before procession i~ tak~n of the new apartment. ' 4. Yo~ will be r~qYI.f~d to pay ~he FUL.L qQ'l'r~ct rent ~pr ~rw ~p~[tl11ents we have available at t~,~ 'lm~, MQve In Specials pq ~pT apply tRtr~,nfif~rs. 5. You will be he\td '~\~~I~ for ~ny expense i'lq\\r{~d ~,y Q~mW\\lHn AR~rtmenl~ In , order to re-ren\ y~fr pyrrrot apartment. ,e, .. ,~~' ' PARTNERSHIP, LLP 701 Olson Drive Suite 109 Papillion, NE 68046 6. You will be held responsible for any and all costs you may incur as a result of this move; movers, transfer of utilities. 7. Confirmation of the utility transfer prior to taking possession of the new apartment. 8. We will allow 7 days for the transfer to be complete. If you should have any questions concerning this matter please contact my office at 402-558-2828 ext. 13. Sincerely, Penny Dawson Asset Manager H&S Partnership, LLP Quail Run Apartments 402-558-2828 Office 402-558-2323 FAX April 20,2009 Penny Dawson H&S Partnership, LLP 701 Olson Drive Papillion, NE 68046 Dear Penny, Thank you for your response concerning my request to be transferred to another apartment due to concerns of allergens and reported mold in the furnace closet. I have included pictures of the conditions in the furnace closet that prompted my concern of the presence of mold and allergens and the continued concern of allergens in the aprtment or air circulation system. They do not appear to be a "build up of dust and dirt" and "evidence of old water stain on the ceiling" as stated in your letter. I will discuss the issue with my doctor as you requested and get back to you. Again, thank you for your consideration and response. I look forward to working with you on a satisfactory resolution to this issue. Sharon Osmera cc: Dr Huerter ..~ ~ -~\ '~; :) . .f * ",~',.'" ~ .---".1'- i~~'~~~f.&>~;,~ ~ ~ '!'i ~ :if" 5/3/09 To: Penny Dawson Asset Manager H&S Partnership, LLP Quail Run Apartments 701 Olson Drive Papillion, NE 68046 From: Sharon Osmera 720 N 18th Ave. Apt. 1 D Blair, NE 68008 Dear Penny, I am following up to my last letter to you dated April 20, 2009 in which I acknowledged receipt of your letter dated Arpil 20th and said I would talk to Dr. Huerter and get back to you and included pictures of the furnace closet which prompted my call to your building manager. I have discussed the situation with Dr, Huerter, Three Rivers District Health Deparment, and the City of Blair, NE and have concluded the following, I have followed all required procedures to report and try to resolve the prescence of mold contamination and resulting health conditions in my apartment with you on at least four occasions including verbal and written requests, Three Rivers District Health Department contacted Quail Run Aprtments in writing concerning the report of mold in my apartment, the health conditions it causes, how to properly investigate for presence of mold, clean the contaminated areas, and request to work with me on a resolution to the issue, On May 1 I conducted a sampling of contaminants found inside the HVAC system and using Mold Armor Do It Yourself Mold Test Kit according to the directions, A picture of the resulting mold spores grown from samples inside is attached, With an Associates Degree in Applied Sciences and occupation as aCertiffied Surgery Technician specializing in instrumentation sterilization I am confident the test was condcuted properly and results are postive for the presence of mold which can result in the health conditions I am experincing and potential helath conditions reported to you by Three Rivers District Health Department. Your letter dated 4/20109 states on March 31, 2009, my concerns were investigated by your maintenacnce man Jerry Underwood and "NO evidence of mold was found", suggests my liability for the expenses incurred in renting the apartment should I request to be relocated to another apartment due to the report of mold in my apartment and resulting health issues, requires an additional deposit, and committment to a new 12 year lease, Due to my unsuccessful attempts to resolve this situation with you, your reported investigation and . denial of the presence of mold without conducting tests for the presence of mold, and claimed . liability on my part resulting for request for a healthy living environment, I am terminating my lease effective June 1, 2009 for breach of contract and failure of your obligations as a landlord to provide a healthy living environemnt and thoruoughly investigate reports of health related issues resluting from occupancy of apartments owned by your corporation, Sincerley, I, Sharon Osmera c . t 'f '\l_ ;\ !iI