What are apartment communitiesnot disclosing to their potential tenants, and how is a landlord'ssilence severely harming your health? In search for an apartment, Mr. Paul Marshall and his wife Dianne noticed the various "nosmoking" signage at Alexan Palm Valley Apartments in Texas. Theyalso took special notice to what is stated in the lease, "Youand your occupants or guests may not engage in the followingactivities: disturbing or threatening the rights, comfort, health, safety, or convenience of others." Delighted, Paul and Diannesettled into their Alexan apartment owned by Trammell CrowResidential/BCRE Palm Valley LLC, and on August 7 is when theirnightmare began.
In making their initial, official writtennotice to Alexan's management in August of Mrs. Marshallstates, "There is cigarette or cigar smoke coming from ourshared outside community spot, and the smoke is coming into ourapartment through the windows that we like to leave open for freshair." The Owner's legal team states, "The Owner'srepresentative contacted your downstairs neighbor in an attempt toresolve the matter." They continue, "It is my understandingthat your downstairs neighbors have limited smoking to outside theirunit." Explains Mrs. Marshall, "The smoking outside isquite an issue for the both of us."
The apartmentmanagement responds, "The smoke would also be able to go througha/c vents, etc.into your apartment if they were to smoke insideversus outside. Smoking on their patio as opposed to their apartmentis the best case scenario. At least in this case all you would haveto do is close your window when they are outside." In furtherdiscussing this matter with the Owner's legal representation, one oftheir attorneys states, "Part of the problem you have had isbecause you have left your window open, allowing smoke from outsidethe downstairs unit to come into the Premises." The Marshallsshared their pain with the Owners, "We have felt like prisonersbehind bars (with having to close windows in order to breathe)."
Isthere anything that Trammell Crow Residential/BCRE Palm Valley LLCcan do about the tobacco smoking outside? Stated in the Marshall'slease contract, "We may regulate: (1) the use of patios, balconies, and porches; (3) recreational activities in common areas. "Yet, the apartment manager says, "I have no grounds to tell yourneighbors that they can't smoke on their patio." Also in theMarshall's lease contract, "You and all occupants and guestsmust exercise due care for your own and other's safety andsecurity."
Who is Trammell and BCRE? Trammell CrowResidential ("TCR") is America's premier multi-family realestate firm. As further stated on their website: Since inception, TCRhas developed over 225,000 multi-family units in most major marketsacross the country. TCR created the Alexan brand.
Confirmed bythe Owner's legal group, BCRE Palm Valley LLC is listed as the Ownerof the Alexan Palm Valley Apartments in Texas. On April 12, TheNational Multi Housing Council recognized Boston Capital — theBoston-based real estate investment and advisory firm founded by JackManning — as the largest owner of apartments in the country. BostonCapital established Boston Capital Real Estate Partners ("BCRE") in 2002 to capitalize on its expertise in all facets of multifamilytransactions.
Http://www.bostoncapital.com/about0412.html
TheOwners offered the Marshalls a transfer to another apartment unit, and why didn't the Marshalls accept this offer? Greystar is theproperty management company for the Alexan Palm Valley ApartmentCommunity. Here's what Greystar's legal representative has to say. "Allow me to point out that you have previously been offered anopportunity, both on September 10 and again on September 28, to transfer from the Leased Premises to another unit at Alexan. You declined such offer." What is not mentioned by this attorneyin his correspondence and is the deal-breaker for the Marshalls? Asthe Alexan management explains: "There would be no guaranty[sic] that your new neighbors do not smoke too." As an employeeof Greystar puts it, "Management offered a transfer to anotherunit within the community, but similarly would have no assurance thata similar situation would not broach itself at a later date."
Alexanmanagement previously knew about the fact that Mrs. Marshall isblind. The acting manager at the time received this plea from Mrs. Marshall: "The cigarette/cigar smoke is becoming absolutelyunbearable for me with my eyes paining/burning/watering (and, it iscertainly challenging enough to be without vision and to have theseother avoidable/unnecessary eye challenges really has an unpleasantcompounding effect)." The Marshalls further state, "Thisissue is very serious as you may not be aware of our intensesufferings from the drugging smoke. Every day, we feel like we arebeing drugged forcefully."
In a recent writtencorrespondence dated November 29, the Marshalls explained toone of the Owner's attorneys the following: "It is egregiousbehavior to keep silent on health related matters, to have a clientrent and then discover the danger to their health. After all of this... It is unconscionable to present an opt out from the lease and toplace the burden of time, effort and monetary output on us to move. If we were made aware beforehand of all the information we found outafter August 7, we would not have rented at Alexan. Over thepast 15 months, we have experienced tremendous and completelyunnecessary discomfort in our living environment."
Courtshave repeatedly shown that rights are for where you are, to beenforced and obeyed there. The latter-stated is what Mr. And Mrs. Marshall desire. Knowing this fact and on more than one occasion, oneof the Owner's attorneys says, "We look forward to hearing fromyou in the event you would like to accept the Owner's offer toterminate the Lease." The Marshalls would have to accept thefollowing along with the termination offer, "... And release theOwner and the Owner's managing agent from all claims."
Afterthe Marshalls were offered an opt out of their lease and declined, here's what they received from one of Greystar's employees: "GeraldElrod does work in air duct projects for the City of Austin and hecan offer some insight as to how to best mitigate common air betweenunits." Mr. Elrod performed the work in the Marshalls' unit. However, The Center for Energy and Environment and The AmericanSociety of Heating, Refrigeration and Air-Conditioning Engineers (thelatter-stated is the body that sets the standard for indoor airquality) shows that ventilation technology is insufficient to protectbuilding occupants from second-hand smoke.
Was the apartmentmanagement aware of the effects from tobacco smoke? Alexan'smanagement educates us on tobacco smoke's damaging effects to anapartment unit, and here is what they say in their own words. "Cigarsmoke does extensive damage to the interiors of the apartment. Typically the carpet has to be replaced and special treatments doneto the walls, cabinets and even window treatments when residentssmoke heavily in their apartments." Let's find out if Alexan'smanagement understands tobacco smoke's effects to peoples' health? Inthe words of Alexan's management: "Typically businesses that have a designated smoking area have one set up outside as opposed toinside so that any smoke can released [sic] into the atmosphere asopposed to an interior space where it would be more hazardous topeople's health."
Does TCR/BCRE have the ability to offerthe Marshalls a healthier lifestyle at their Alexan apartment home? Here's what Trammell's managing director for Alexan CityViewApartments in NJ, Richard Murphy says, "We believe the decisionto introduce this new building — which will be the only 100% smokefree rental offering in the state — will be embraced by a growingsegment of the public that seeks a healthier lifestyle at home. "Here's Alexan's mission statement: "Our Owners and ManagementTeam are focused on creating value for each resident while enhancingtheir quality of life." However, according to one of the Owner'sattorneys regarding Alexan Palm Valley in Texas, "The communityis not a smoke-free community and the Owner has no intention ofhaving the community be a non-smoking community." He also statesto Mr. And Mrs. Marshall, "The Owner is sensitive to yourconcerns about the damages of smoking."
Besides AlexanCityView, does Trammell Crow Residential have any other Alexan brandapartment communities that are non-smoking? Alexan Southwood inFlorida is advertised as a 100% smoke-free community. AlexanRiverdale and Alexan Twenty-Four in Virginia have on their websites, "Clean Air Breathe Easier." On their websites... AlexanRiverdale has, "Option to live in a 100% smoke-free building"and Alexan Twenty-Four has, "100% smoke-free community." Anattorney for the Owners states, "The Owner cannot keep smokersfrom smoking in or outside their units." In the words ofGreystar's property management, "Smoking is not a situation thatwe could directly control either now or in the future."
"A new paradigm needs to takeprecedence whereby Owners of apartment communities are heldaccountable for not disclosing important health-related information. Their silence is severely hurting people and this behavior isinexcusable, " states Mrs. Marshall. "The biggest questionto ask is why landlords of apartment communities are silent aboutallowing tobacco smoking, " states Mr. Marshall. The Marshallscontinue to reside at Alexan and are seeking resolution.
Isbreathing in second-hand tobacco smoke dangerous? The 2006 report ofthe U.S. Surgeon General, The Health Consequences of InvoluntaryExposure to Tobacco Smoke, cautions — there is no risk-free levelof exposure to second-hand smoke and that even small amounts ofsecond-hand smoke exposure can be harmful. The EPA (EnvironmentalProtection Agency) classifies second-hand smoke as a group Acarcinogen for which there is no safe level of human exposure. Due tocigarettes inherently deleterious nature and ingredients, they when lit emit deleterious emissions. Deleterious ingredientsinclude and are not limited to acetaldehyde, arsenic, benzo (a) pyrene, cadmium, crotonaldehyde, ethylcarbamate, formaldehyde andradioactive polonium.
There is widespread scientific consensusthat exposure to second-hand smoke is harmful. The link betweenpassive smoking and health risks is accepted by nearly every majormedical and scientific organization, including: The World HealthOrganization, The U.S. National Institutes of Health, The Centers forDisease Control, The United States Surgeon General, The U.S. NationalCancer Institute, The United States Environmental Protection Agency, The California Environmental Protection Agency, The American HeartAssociation, American Lung Association, American Cancer Society, TheAmerican Medical Association, The American Academy of Pediatrics, TheNational Research Council, The National Toxicology Program, AmericanPublic Health Association, American Thoracic Society, The AmericanCollege of Preventive Medicine, The British Medical Association, TheAustralian National Health and Medical Research Council and TheUnited Kingdom Scientific Committee on Tobacco and Health.
Thegovernments of 168 nations have signed and currently 170 haveratified the World Health Organization Framework Convention onTobacco Control, which states that "Parties recognize thatscientific evidence has unequivocally established that exposure totobacco smoke causes death, disease and disability." Asrecognized by the afore mentioned major medical authorities andscientific organizations, the onset of severe health afflictions isnot a question of if; it is a question of when. Identifying TTS (toxic tobacco smoke) as a TAC (toxic air contaminant) "rightfullyputs second-hand tobacco smoke in the same category as the most toxicautomotive and industrial air pollutants."... Says CaliforniaIdentifys Second-Hand Smoke as a "Toxic Air Contaminant" (26 January).
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