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Watkins Law Sues Landlord For Violating Fair Housing Act and Federal Disability Law

4/10/2018

 
Victoria Palmieri and her husband lived in Liberty Green in Warwick, New York, a federally subsidized apartment complex for low income seniors.  Victoria has a severe pesticide allergy due to a past over-exposure to pesticides.  In 2017, Liberty Green had a bedbug infestation.  Management ineffectually dealt with the problem by having a pest control company repeatedly spray pesticides in Victoria's building.  Many residents, including Victoria, started to get sick from the over-application of poison,.  In December 2017, she was diagnosed with asthma and her doctor warned her that she should not be further exposed to pesticides.

In January, she presented management with a petition signed by a majority of Liberty Green residents asking that management use heat treatment instead of more pesticides.  Heat treatment is widely recognized as more effective in eliminating bedbugs and is not dangerous to humans or pets.  However, it costs more than pesticides.  Management not only rejected Victoria's petition, it gave her a notice that it would begin eviction proceedings against her unless she allowed pesticides to be applied in her apartment.  She and her husband were therefore forced to find significantly more expensive housing.  Represented by Christopher D. Watkins, she is suing Liberty Green's owners, Jonah Mandelbaum and Warwick Properties, Inc.,, and its management company, Devon Management Corp., for violating her rights under federal and state law.  Landlords have a legal obligation to reasonably accommodate the known disabilities and serious health conditions of their residents.  Here, the Defendants not only failed to accommodate Victoria.  They retaliated against her for complaining and organizing other residents.  .   

See a news story about the case here:  http://westchester.news12.com/story/37757284/woman-says-pesticides-sprayed-in-warwick-apartment-complex-made-her-sick

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