reimbursement.
Zeffi Plumbers returned to the Subject Premises on September 12, 2005, and were permitted
to do the plumbing repair for the apartment 5D.
On or about September 7, 2005, Petitioner sent Respondents a copy of the tape test results
done by Mold Terminators in March 2005, showing that all levels of mold were within
normal/acceptable ranges (Exhibit dd).
On or about October 5, 2005 a meeting took place in the Subject Premises to discuss issues
between the parties. From September 2005 forward, Respondents took the position that they
were unable to contract with anyone to have the necessary work done, because Petitioner had not
provided them with the report from Donohue Environmental. Petitioner was not in possession of
said report because it had never been released to them by their insurance company (Exhibit LL).
On January 23, 2006, Respondents provided Petitioner with access, and an inspection of the
Subject Premises was conducted by Ambient Group, Inc. to assess the alleged mold condition.
Ambient concluded that "fungal amplification is not actively occurring in the kitchen/dining
room, which was the affected area, at this time (Exhibit 12)." The report further indicated that
"(m)ost of the spores found in the indoor samples were similar to those found in the outdoor
sample, and are commonly found in an indoor environment."
Access to correct violations from the1st HP Proceeding was scheduled for Thursday March
24, 2006 pursuant to a letter (Exhibit 18). March 24, 2006 fell on a Friday, Respondents realized
the discrepancy on Wednesday evening, but did not contact Petitioner or its agents for
clarification. Petitioner appeared prepared to work on Thursday March 23, 2006. BGJ refused to