grant Petitioner access, because JGJ was ill. Both Respondents were at home that day and absent
from their jobs. On March 23, 2006, Petitioner's counsel sent Respondents a letter setting April
5, 2006 as a new access date to correct the violations.
On April 5, 2006, Bill Macchio from MAC Painting Services attempted to gain access to the
Subject Premises, and was denied access by Respondents (Exhibit 4). BGJ advised Mr. Macchio
that he could not permit access because JGJ was still ill. BGJ further alleged that there was still
mold in the Subject Premises, and that his attorneys would contact Petitioner regarding any
future access dates.
On May 17, 2006 Respondents hired Robert I. Leighton to conduct an evaluation for the
presence of mold in the kitchen and dining area of the Subject Premises. Robert Leighton
testified as an expert in the field of mold at trial, and found that there were elevated levels of
mold in the dining room and kitchen of the Subject Premises. The samples collected from behind
the sheetrock walls and ceilings indicated only limited amounts of mold spores, and the moisture
testing conducted by Mr. Leighton found that all surfaces were dry, and that the wood floors
were not warped and showed no signs of water damage (Exhibit X). Mr. Leighton made no
findings as to the source or cause of the mold, and made recommendations for remediation work.
On October 6 and 7, 2006, the work was completed by Petitioner's agent, William Macchio,
and all outstanding violations of record were corrected.
On January 15, 2007, Mr. Leighton conducted a follow up test for mold in the Subject
Premises. The January 2007 testing showed that levels of mold in the kitchen and dining area
had remained the same as they were in May 2006, but found that elevated levels were now