Forner tenant, landlord spar over mold problem in building

By Jacob Geiger

When Michael Longman moved his Virginia Beach Roofing office to a new building on Virginia Beach Boulevard last year, he and his employees were excited by the larger space.

But last month, Longman moved the company back to its old offices.

"I went to an ear, nose and throat doctor because I had a sinus infection that smelled bad," he said. "The doctor said I have chronic sinus disease and had to have surgery."

Longman, who said he's never had sinus problems before, blames the illness on mold that was found throughout the building by a mold inspector.

Mold is in the air almost everywhere, both inside and out. But in high enough concentrations, it can cause labored breathing, headaches and sinus problems, according to the federal Occupational Health and Safety Agency. Despite these risks, OSHA said there are no government or professional recommendations on mold levels.

That means there's no agreed-upon baseline for deciding whether mold levels are too high in an office and pose a threat to workers.

"Employers must provide a safe and healthy workplace, which includes air quality, but there's not a whole lot we can do with mold," said Jennifer Wester, the director of cooperative programs at the Virginia Department of Labor and Industry.

Longman's case has left the roofer and his landlord pointing fingers at each other. Meanwhile, the building - at 1788 Virginia Beach Blvd. - has been deemed "unsafe to enter" by city inspectors.

Last week Virginia Beach's Code Enforcement Division put up signs on the building saying "its use or occupancy has been prohibited" until repairs are made.

Pyong Tu Cho, who owns the building, said that its upkeep was the responsibility of the tenant, in a statement from his attorney Kyle Korte. The lease signed by Longman and Cho said that the tenant will "keep the interior of the Premises in good repair and safe condition and working order."

Longman said he and Cho were unable to agree on who should handle any repairs on the outside of the building. After Virginia Beach Roofing moved out, Cho filed suit in Virginia Beach District Court to collect unpaid rent, but a judge dismissed the suit.

Drainage problems behind the building as well as leaks along its walls meant water easily seeped inside, Longman said. After rainstorms, the interior carpets became wet and some of the walls were bowing outward from water damage, he said.

In April, Longman hired a professional mold inspector. After taking air samples inside and out, Allergenie mold inspector Simon Kiser found mold levels inside that were more than twice the outdoor levels.

"It was definitely the environment that was making them sick," Kiser said.

His recommendations were blunt: Employees should consider wearing masks or even protective suits until they knew how bad the mold was; all of the carpet needed to be removed; and the bottom few feet of the walls needed to be replaced to remove mold growth.

Moving out in the middle of the summer roofing season has cost the company work, cutting deep into profits, Longman said.

After Longman complained to the city, an inspector came out on April 15, said Joel Sanders, a duty supervisor at he Code Enforcement Division. The inspector saw moisture damage around the walls, so he sent a notice to Cho saying the problems needed to be fixed within 30 days, Sanders said.

Cho filed for an extension and was granted one. Sanders said it was normal to grant the extension if the inspectors don't detect any major hazards.

After Longman moved out, he gave the mold report to the city. Another inspection was done on July 10. A city report the next day said there was major mold and mildew damage in the building, citing the Allergenie report. Warning signs were posted Aug. 7, nearly a month after the second inspection.

"Once the professional company did the mold inspection, we had evidence to move forward," Sanders said. "We don't do intrusive inspections; our inspections our mostly visual."

The building now stands empty.

Cho's attorney Korte said he was unable to offer any further statement at this time.

Longman said he is getting his business back in order and scrambling to bid on roofing jobs.

And he's much wiser about the health risks associated with mold.

"I stopped working out for eight months because I was always sick," Longman said. "In hindsight, now I understand what was going on."

Jacob Geiger, (757) 446-2643, jacob.geiger@pilotonline.com