By Kimberly Phillips, Journal Inquirer June 30, 2005
MANCHESTER — A chemically sensitive woman and her daughter have lost a discrimination complaint against the Housing Authority, but the two contend mounds of supporting evidence wasn’t considered as part of the case.
Still, the Commission on Human Rights and Opportunities upheld a draft decision this month, saying Housing Authority Executive Director Carol Shanley has done all she could to accommodate Betty Emerson and her daughter Eva.
The pair’s complaint, filed last year, says the Housing Authority was aware of a mold problem in the Emersons’ Westerly Street kitchen when it bought the two-family home in 2002. Since then, the tenants, who suffer from multiple chemical sensitivity, have asked the Housing Authority to clean up the mold, which still hasn’t been done. In 2003, the organization bought the Emersons an air purifier to clean the air of the mold.
Betty Emerson has said it’s not as easy as putting down a new linoleum floor, since that has certain chemicals in it that adversely affect her and her daughter. The mold needs to be cleaned and either ceramic tile or a wood floor needs to be put down, she’s said.
But the Housing Authority has been unwilling to accommodate the request, Betty Emerson says in the complaint. It also was uncooperative in getting the Emersons a new furnace last winter when an old one failed, she complains.
Furnace issue settled
The furnace issue was settled late last year through a court mediator when it was agreed that a new furnace would be installed after fumes from solvents and oils were burned off at another location. Once it entered the Emersons’ basement, the furnace was to be encased in a plastic wall to prevent chemicals from being emitted into the home.
The CHRO decision says the Housing Authority offered the Emersons several alternative housing options for when the furnace first was installed, but none were satisfactory. It also says that the Emersons failed to provide a suitable remedy to fixing the kitchen floor that became moldy thanks to a leaky dishwasher.
“Most of the specific requests made by” the Emersons “appear to be requests for modifications, such as a request that” the Housing Authority “modify the unit’s dishwasher to a much more expensive model or to modify the furnace so that it was housed outside the basement or modify the heating system from oil to electric,” the decision reads.
It goes on to say, “State and federal laws make clear that such modifications be at the expense of the disabled person, not the landlord.”
According to the decision, the Emersons had requested that a stainless steel dishwasher be installed to replace the broken one. They also requested that electric heat be installed in the home to alleviate the problem of burn-off from a new furnace or that the furnace be installed outside and the heat be piped in.
The decision, written by CHRO investigator Cira L. Romann, also questions the severity of the Emersons’ disorder.
When the two women were in court to settle the furnace dispute, Romann says she noted that Eva Emerson was wearing a surgical mask to filter her breathing. That mask was removed when the Emersons and the court mediator went into an outside hallway to hammer out the details of an agreement.
That hallway was exposed to motor vehicle pollution from the outdoors, Romann says. And when the Emersons complained of the cold outside and stepped into a room with the mediator, there were no chemical complaints despite painting and construction going on in the vicinity, she continues.
Further, Romann notes, Eva Emerson “drives her vehicle without the use of a mask, pumps her own gasoline, pays the rent in person without the use of a mask, picks up the mail from the Post Office without the use of a mask, and attends activities without the use of a mask.”
In a 41-page response to the CHRO decision, Eva Emerson contests most of Romann’s findings, saying the Housing Authority never considered a flooring alternative to linoleum, and when it tried to relocate the pair during the furnace dispute, the only options were to an apartment that had been freshly painted or to a hotel where chemicals are used in carpets.
Also, a stainless steel dishwasher is medically necessary, she says, because a regular dishwasher with a plastic interior would give off chemical fumes when used the first several times.
As for the courtroom use of a mask, Eva Emerson says it was her mother wearing a mask, not her, and even though they were in a stairwell, fresh air was available during discussions. Exhaust fumes from passing motorists were non-existent, she continues.
There also was no construction going on in the courtroom that day, the response says. The Emersons say they provided a note from a court worker to that effect but it was disregarded as part of the case. They also contend other witnesses and documents weren’t considered.
Eva Emerson says that her condition isn’t as bad as that of her mother, who is homebound, and admits she pumps gas when no full-service stations are in the area. She also says she goes to get the mail from the Post Office, but the quick trip into and out of the building doesn’t trigger an allergic reaction.
Journal Inquirer