Homestead.on.ca Refuse Comp.Damage/Violate Prop. Stan. 4.28

MOULD DAMAGE RESULTING FROM LEAK IN ROOF – IN VIOLATION OF CITY OF KINGSTON PROPERTY STANDARDS BY-LAW ROOF 4.28 “The roof of every building shall be structurally sound, weatherproof and free of loose or unsecured objects and materials and excessive amounts of ice and snow.” And 4.29 “Where eavestroughing, roof guttering and down piping is provided it shall be kept in good repair, including being watertight, protected by paint or other preservative and securely fastened to the building.”

IF ANYONE DOUBTS THE VORACITY OF MY CLAIMS, I HAVE PHOTOGRAPHIC (35 MM) AND VIDEOTAPED EVIDENCE OF EVERYTHING, INCLUDING ALL OF THE DAMAGE ITEMS, ON BOTH VHS AND THE ORIGINAL SANYO 8 MM CAMCORDER CASSETTE.

I PERSONALLY OBTAINED ESTIMATES TO REPLACE ALL OF MY PERSONAL CLOTHING, BEDDING, ETC. AND THE AMOUNT WAS IN EXCESS OF $6,200 ($6,222.63 TAXES INCLUSIVE). HOMESTEAD LAND HOLDINGS HAS NOT COMPENSATED FOR THE TOTAL DESTRUCTION OF ANY OF MY PERSONAL PROPERTY, WHICH RESULTED FROM THE ROOF LEAK, A DIRECT VIOLATION OF THE ABOVE-NOTED CITY OF KINGSTON PROPERTY STANDARDS BY-LAW, WHICH I ALSO PERSONALLY REPORTED TO THE PROPERTY STANDARDS BY-LAW ENFORCEMENT OFFICER. THE SAME OFFICER ATTENDED THE SITE OF THE MOULD DAMAGE IN DEC, 2004 AND NEVER CONTACTED THE DEPARTMENT OF HEALTH, WHICH I BELIEVE SHOULD HAVE BEEN DONE TO ASCERTAIN/CONFIRM THAT THIS WAS TOXIC MOULD. IT WAS HOWEVER, TOXIC TO ME, BECAUSE I BECAME VERY ILL AND HAD TO UNDERGO ANTIBIOTIC THERAPY FOR A SERIOUS LUNG INFECTION WHICH RESULTED FROM THE MOULD INFESTATION. THEY REFUSE TO OFFER EVEN A SINGLE PENNY IN COMPENSATION. RENTER’S BEWARE!!!

I PERSONALLY REPORTED THESE AND MANY OTHER BY-LAW VIOLATIONS TO THE PROPERTY STANDARDS BY-LAW ENFORCEMENT OFFICER ON THE AFTERNOON OF TUESDAY, MARCH 15, 2005 WHEN HE CAME TO MY APARTMENT IN THE AFTERNOON TO TAKE A TEMPERATURE READING. I SHOWED HIM MY PRINTOUT FROM THE CITY OF KINGSTON WEBSITE OF THE MOST RECENT. WHILE I PERSONALLY SHOWED HIM MY PRINTED COPY, HE CONFIRMED THAT IT WAS THE MOST RECENT VERSION: BY-LAW NO. 2005-100.


WORK COMPLETED OR TO BE DONE AT 501 - 154 PARKWAY:

Please note that the windows, throughout the whole apartment (which are very warped, drafty, and leaky) are SUPPOSED to be replaced. I have NOT YET BEEN ADVISED when Homestead Land Holdings Limited actually plans to have these windows replaced. (PS: The windows were actually finally replaced June 29, 2005). Since moving in, I have asked all superintendents when the work would be done, especially the 2nd bedroom window, but none of them knew. Also note that, in 1999 when I had planned to move out, I listed in writing the problems with the windows (among other required repairs, especially the disintegrating asbestos floor tiles) when I went to the rental office on Johnson Street, to give them written notice that I planned to move. None of the repairs were made until AFTER the mould damage was discovered in the master bedroom and the landlord was ordered by the City of Kingston Property Standards Officer to make these repairs.

Thursday, December 30/04

Cheryl Lambert (Property Manager) inspected the apartment, along with Doug Werden (City of Kingston Property Standards Officer) and Bill Gilbert (Building Superintendent).

Measurements for the kitchen counter were taken by Kevin (Homestead employee).

Friday, December 31/04

The mould in the master bedroom was treated and the room painted by Jeff (employee of painting contractor).

Tuesday, January 4/05

Superintendent viewed the mould/water droplets that had reappeared in the master bedroom.

Wednesday, January 5/05

Superintendent fixed a leak in the bathtub faucet.

Thursday, January 6, 05

Kevin installed the kitchen countertop, replaced the basket in the kitchen sink, and installed a basin in the bathroom.

Between January 10 and 13/05

The painter (Jeff) had to reseal mould that had returned to master bedroom and repaint. Also, the heating contractor (Maurice Theirren) fixed the bedroom radiator, which had not been working for an undetermined amount of time, by opening a valve on the roof. Unfortunately, I did not record the exact dates that these repairs were made on my calendar.

Wednesday, January 12/05

Superintendent informed me that there had been a leak on the roof; standing water was being blown under the roof flashing, causing the leak in the master bedroom (which of course resulted in the mould).

Thursday, January 13/05

Superintendent and Kris (tenant in building) ripped up the asbestos floor tiles in the master bedroom. I helped them box up the old tiles.

Friday, January 14/05

The floor of the master bedroom was retiled by Don (Homestead employee).

Wednesday, January 19/05

The bathtub was refinished by an employee of The Bathtub Doctor.

Thursday, January 20/05

Superintendent and Kris (tenant) ripped up the asbestos floor tiles in the hallway, kitchen, and part of the living/dining room area. They also ripped up the linoleum in the bathroom.

Friday, January 21/05

The area noted on Jan. 20 was tiled by Don (Homestead employee).

Thursday, February 3/05

Superintendent and Kris (tenant) ripped up the remaining asbestos floor tiles in the living/dining room area.

Friday, February 4/05

The area noted on Feb. 3 was tiled by Don (Homestead employee).

Tuesday, February 8/05

The bathroom, hallway, kitchen, living/dining room was painted by an employee of the painting contractor hired by Homestead (think his name was Larry, though not 100% sure).

The superintendent fixed the deadbolt lock on the apartment door (Pete MacDonald, a previous super, had not installed it correctly in 1998, leaving a gaping hole that he personally covered with duct tape. I had asked each successive super to fix it, but was not done previously.

The superintendent replaced some electrical switch plates, which had been covered with some type of decorative paper by a previous tenant.

Tuesday, February 15/05

A ceiling fan was installed in the dining area. I do not know the name of the electrician, or whether he is a sub-contractor or Homestead employee.

Wednesday, February 23/05

Kevin (Homestead employee) installed a new bathroom door and scraped off some of the build-up of paint on kitchen cabinet door fixtures (so they could close properly). He also repaired the lower hinge on the 2nd bedroom door and the lower hinge on the 3rd bedroom door.

A painter (same one who was here on Feb. 8) painted the new bathroom door, and the bedroom doors. The inside of the 3rd bedroom door had never been painted and the master bedroom door had never been painted.

Thursday, February 24/05

Kevin (Homestead employee) installed the closet doors for the coat closet, which is located just inside the apartment door. This closet had never been fitted with doors. He also installed the towel rack on the bathroom door.

Monday, February 28/05

The superintendent attempted to install a toilet tissue holder in the bathroom. The screws were not secure in the plaster. The super said that he would have to borrow a drill, in order to install it properly. JOB INCOMPLETE – UNFINISHED

Wednesday, June 29/05

New windows installed in the living room and bedrooms.


REPLACEMENT COST FOR DAMAGED ITEMS

17 Silk Blouses: Tan Jay - $118.00 + 17.70 (taxes) = $135.70 X 17 = $2,306.90

1 - 100% Cotton Hanging Garment Bag - Sears Catalogue = $34.99 + 5.25 (taxes) = $40.24

2 New Suitcases (one had been used only once) - both 29" soft-sided upright pullman suitcases: Sears @ $159.99 + 24.00 (taxes) = $183.99 each X2 = $367.98

11 New towels with colour print: Sears $29.99 + 4.50 (taxes) = $34.49 X 11 = $379.39

Queen Size feather bed cover: TSC - $39.86, 9.29 (S&H), 7.37 (taxes) = $56.52

King size white goose down baffle box duvet: Sears - 499.99 + 75.00 (taxes) = $574.99

2 King size white goose down pillows: Sears - $139.99 ea. 21.00 (taxes) = 160.99 X 2 = $321.98

2 Queen size cluster fill foam pillows: Sears - $24.99 each + 3.75 (taxes) - 28.74 X 2 = $57.48

1 Queen size feather pillow: Sears - $25.99 + 3.90 (taxes) = $29.89

1 Queen size pillowcase – Nowhere could I find a price for a single pillowcase in this size.

1 Pair down-filled slipper boots - Foot Duvet at The Added Touch (Oakville) online: $35.00 + 8.50 (S & H) + 6.52 (taxes) = $50.02

1 Black Simulated Leather Attaché Case - Grand and Toy: $59.99 + 9.00 = $68.99

1 Black Simulated Organizer File - Grand and Toy: $79.99 + 12.00 (taxes) = $91.99

2 sets of vertical blinds (to fit a patio door), which I had custom-made for a previous residence; they had been unused since and had been in new condition). Sears: $350.00 (valence included - installation not included) + 52.50 (taxes) = 402.50 X 2 = $805.00

1 Heavy gauge vinyl blind in master bedroom (64" X 80"): Sears - $180.00 + 27.00 (taxes) = $207.00 (installation extra)

9 pairs of slacks - The style and quality of slacks that I could find which was as close as possible to the originals were at Sears: $39.97 + 6.00 (taxes) = 45.97 X 9 = $413.73

6 pairs of summer cotton crop pants: Sears online (style closest as possible to original - most stores not carrying summer wear yet - $34.99 + 5.25 (taxes) = 40.24 X 6 = $241.44

Restore solid wood jewellery box: Dip and Strip $150.00 + 22.50 (taxes) = $172.50

Queen Size pillow case (2) 24.86 + 6.96 (S&H) + 4.77 (taxes) = $36.59

TOTAL ESTIMATED REPLACEMENT: $6.222.63
INDEX OF T-90 VHS
VIDEOTAPE (TAPE COUNTER IS SHOWN AT THE LEFT)

Beginning of tape - video of mould damage in bedroom

0:55 Heavy gauge vinyl blind and rod pocket curtains ruined

1:20 The master bedroom window - indicating how badly it is warped

1:40 Mould under some of the bedroom floor tiles

3:10 Mould on the back of the headboard of bed

3:25 Mould on the material of the canopy of the vertical blinds (which had been stored on the top of headboard

4:35 Space under the hutch of the headboard, where I had stored 7 boxes (I had to clean and repack the contents)

6:15 Another shot of the mould on the headboard

7:00 Closet mould

8:00 The silk tops in the closet that were damaged by mould

8:20 The cotton garment bag, in which the damaged silk tops were held. Other silk clothing had also been in the garment bag, but those on one side were damaged, some others on the side further from the wall were not damaged. I had removed these and show them later on in the video (hanging in bathroom on shower rod and in 2nd bedroom).

9:30 Another shot of the silk tops still in the garment bag, hanging in closet

17:00 I start throwing the silk blouses into a garbage bag.

22:00 I put the garment bag in the garbage bag, along with the silk tops.

24:00 2 queen size pillows (1 foam-filled and 1 feather) in pillowcase, and 3rd pillow (foam-filled) in garbage bag

26:00 I put the duvet, down-filled slipper boots and 2 queen-sized down pillows in a garbage bag.

30:00 2 new suitcases (29" upright pullman)

32:00 I put the 11 new towels, which had been stored in one of the suitcases while it was on the floor of the closet, in a garbage bag. The towels were still wet.

36:00 The 2nd suitcase - indicate had only been used once.

38:55 Queen size feather bed - put in garbage bag.

Video of clothing that had been saved from the closet - hanging in bathroom
Video of other items saved from closet - in 2nd bedroom

53:10 Take slacks and crop pants (all still damp) out of box and put into garbage bag.

1:00:00 Video of damage to other items (jewellery box paint damage, soft-sided organizer file and attaché).

1:08:30 The disintegrating floor tiles in the hallway

1:09:00 Windows and the mildew underneath them.

1:10:00 New kitchen counter
Disintegrating kitchen and other floor tiles in living room

1:12:40 I lift a loose tile with my fingertip.

1:13:30 Video of tape that previous tenant had put on disintegrating tiles (these had been under my coffee table all these years).

1:14:00 Video where several tiles had been replaced before I moved in.

1:14:20 I lift loose tile with my fingertip.

1:16:00 Bathroom and bathroom door, switch plate in bathroom.

1:16:40 Vent in bathroom, wall by the tub (next to the door) and taps in bathtub.

1:17:00 Vent in bathroom again (dirt still blowing in through vent when windy), medicine chest, and under basin.

1:18:00 Wall by tub and inside bottom of bathroom door, toilet tank (coloured paint drops on cover), and toilet.

1:18:45 Doorway to bathroom, where I had to tape over where door closes (very drafty).

1:19:00 3rd bedroom window and cracks underneath (due to warped, leaky windows).
Also wall in hallway where paint blistered and peeled (I applied tape to help prevent further peeling several years ago).

1:20:00 2nd bedroom window, indicating how I had to put a stick diagonally across the top pane soon after I moved in - I had asked each superintendent to repair it ever since. Also, video of the cracks underneath the window, because of leaky, warped windows. I state how I tried to show this to Cheryl Lambert, when she was standing in hallway outside the room on December 30, but she had ignored me.

1:22:00 Stuff stacked in the 2nd bedroom, which had been retrieved from the master bedroom closet.

1:22:40 Living room windows, mildew under windows (I had to apply tape because the plaster had also cracked and to attempt to reduce spread of mildew), mildew on frames and windows.

1:24:00 Window in living room covered with frost, and then some more video of disintegrating living room tiles.

1:24:40 Some cracks in paint on living room wall.

1:25:40 Lift another living room tile with fingertip.

1:26:00 Another shot of disintegrating floor tiles in hallway.

1:26:35 "Nick" in headboard, when super and neighbour were pushing it back into bedroom, after floor was retiled.

1:27:00 End of tape


INDEX OF VIDEO (AUG/02) REPAIRS THAT SHOULD HAVE BEEN MADE YEARS EARLIER

Begin Switch plate in kitchen

:15 Vent in kitchen covered because of "black stuff" blowing into room and onto stovetop when windy outside, even when exhaust fan is operating.

:51 Kitchen counter and sink

:55 Living room windows

1:30 Mildew under living room windows

1:42 Spot where 2 tiles missing in hallway

1:47 Paint blister and peeling on wall in hallway

2:05 Behind toilet in bathroom

2:35 Medicine Chest

2:43 Bathtub

2:57 Basin

3:15 Bathtub again

3:55 Bathroom vent - had to cover because of "black stuff" blowing into tub when windy outside, even when exhaust fan is operating.

5:00 Bathroom door and linoleum

5:14 Floor tiles in living/dining room

6:30 Several tiles in living room that were replaced (different colour) sometime (could be years) before I moved in.

6:40 Tiles in hallway

6:48 Window in master bedroom

7:00 Electrical switch plate in dining room

7:05 Area on kitchen ceiling that was not painted before I moved in (looks like someone started to paint it, but did not complete it.

7:31 Crack in paint on dining room wall

8:05 Cracks in paint in living room wall (between 2 light fixtures); then in kitchen wall

8:47 Blistering in paint at end of hallway by bathroom and plaster chipping away from cover that is loosely fitted over the access area to bathtub fixtures (the water shut off valves)

9:25 My 7 year old kitty, who was dying with severe respiratory problems (Aug. 11/02). I think disintegrating asbestos floor tiles could have caused his respiratory problems. I had to euthanize him (collapsed lungs) on Sept. 11, 2002. Kitties who died in Feb./02 and June/04 also had a respiratory problem, as does 11 1/2 year old, who was diagnosed in 2003 with his lungs full of tumours (his condition is terminal).

10:02 End of tape.
WITNESSES – File K-050120-031

Doug Werden, Property Standards Officer, City of Kingston, PH: 546-4291, Extension 3204
(Mr. Werden has digital photographs of the mould damage; he advised me that he could be subpoenaed as a witness for me, at which time he could produce the photographs)

Cheryl Lambert, Property Manager, Homestead Land Holdings, PH: 546-3146 (In the Spring or summer of 1999, I visited the rental office to give notice that I intended to move. At that time, I provided a detailed written list of problems with the apartment, with strong emphasis on the floor tiles and windows. That should still be on file at Homestead. Also, Lambert was here around Aug. or Sept. 2000, when we discussed the repairs. While repairs were being made recently, Gilbert advised me that the superintendents are not allowed to contact workers or contractors directly. All contacts, regarding repairs, must be made by Lambert.

Bill Gilbert, Building Superintendent, Homestead Land Holdings, PH: 531-7729

Elsie Davis, previous building superintendent who is currently the Homestead building superintendent at 130 Parkway, PH: 547-3085. I had filed an ORHT complaint (File No. EAT-02346) against her for using her key to unlock my apartment door without my permission, on three occasions in 1999, the first time Lambert was with her. Her husband, Arnold, installed the smoke detector in the hallway. On Wed., Dec. 20, 2000, while I was out, I believe that Davis and Lambert went through my apartment. When I returned home, my deadbolt was unlocked and I noticed that the toilet seat (which I always put down when I go out) was left up. Danny Barker (Apt. 502) advised me that, during my absence, he heard my door opening and closing several times. A note, which I had taped to my door for Lambert, had been removed and Lambert later advised me that she collected the note herself.

Greg Benson, previous building superintendent on two occasions (immediately before and after Elsie Davis, and immediately prior to Bill Gilbert). When leaving here the second time, he was demoted to assistant superintendent, to his sister-in-law Esther Legere, at 200 Parkway. I do not have a phone number for Benson, but the number for Legere who is also the superintendent of the 176 Parkway Townhouses, is 549-2581. During his second term, when I gave notice to move, Benson told me that he would do all the repairs to the apartment, if I stayed.

Pete MacDonald, building superintendent prior to Benson. He no longer works for Homestead. I think he is listed in the phone book under D. L. MacDonald at 15 Adelaide, PH: 549-3623. When I last spoke with another tenant about him in January, I was advised he still lives on Adelaide St.

Don (do not know his last name, his wife’s name is Connie) was the superintendent immediately prior to MacDonald, who was transferred to one of their buildings on Leroy Grant Drive. Don painted my hallway (helped by D. Vanhooser) and had a short circuit in the hall light fixed, while he was here.

Terry (I believe that was his first name) Kish was the superintendent when I moved in, but he left soon afterwards.

Kevin Cumpson, Handyman, Homestead Land Holdings employee, PH: 546-3146 (Kevin installed the kitchen counter, bathroom basin, bathroom door, closet doors, repaired 2nd and 3rd bedroom doors by repairing hinges, adjusted closures on kitchen cabinet doors so they would close)

Don (installed floor tiles, in all rooms except 2nd and 3rd bedrooms), employee of Homestead,
PH: 546-3146

Jeff, sub-contractor painter: Can only be contacted through Cheryl Lambert (Jeff sealed the mould in the master bedroom and painted it – twice)

Larry (I think that is what Kevin from Homestead called him), sub-contractor painter. Can only
Be contacted through Cheryl Lambert (He painted the bedroom doors, bathroom, hallway, living/dining room, and kitchen)

Tub Doctor, the company hired by Cheryl Lambert to resurface the bathtub

Electrician – I do not know his name or whether he is a Homestead employee – can only be contacted by Cheryl Lambert (he installed a ceiling fan in dining room after most of the work had been completed)

Maurice Therrien, Heating Contractor who repaired the master bedroom radiator. He had also previously walked through the apartment several times over the years, when looking for air-intake valves in the heating system, most recently January 10, 2001 (notice was distributed to 5th floor residents – when he arrived I advised him that he had found none when here 3 ½ years earlier with Pete McDonald), but I do not know how much he would have remembered about the condition of the apartment. When here in January, he was briefly in the apartment, going directly to the master bedroom to check the radiator. (There is a Maurice Therrien listed in the phone book at 7 Deerfield, Amherstview , 384-2782).

Roofing Contractor – I have heard superintendents refer to them as Williams Brothers Restoration– They can only be contacted through Cheryl Lambert at Homestead.

Dave Vanhooser (tenant in 509 who also previously helped Don, a previous superintendent, paint the hallway). PH: 548-0671

Kris Shillington (tenant in 407). Kris is the person, who helped Gilbert, rip up the old floor tiles. He has no telephone, but can be reached through Dave Vanhooser in 509 PH: 548-0671.

Danny Barker (tenant in 502). Danny and I haven’t talked in over a year, have not even bumped into each other in hallway or parking lot for many months, but I did show him the condition of the apartment once in Feb., 2003. I do not know how much he would remember. I have never telephoned him, but retrieved his number from the telephone book: PH: 531-4394. I had to make several noise complaints against him in 2004/05, but I think the superintendent only spoke with him informally about it.


This is a letter, which was sent to me by Lambert in December, 2000. I hand-wrote a reply, which I ultimately did not mail to her, because I contacted the office of the MPP John Gerretsen, hoping to enlist his assistance instead.

I am attaching the documents I sent to Gerretsen, which were later returned to me. Much of the documentation relates specifically to my ORHT complaint against Homestead. However, In those documents, I have highlighted (orange and blue highlighter) references to repairs, etc.








501 – 154 Parkway
March 28, 2005



Hi Dan:

I am enclosing a new estimate for replacement of items, which were damaged. It now includes a cost to repair the jewellery box and pillow case, although I could only get a price for a set of two pillowcases. I have visited many stores over the past several weeks and can find nothing, even remotely similar, to the jewellery box. The total estimate is now $6,222.63.

I am also enclosing a copy of several e-mails, which I have sent to Homestead’s area manager and property manager:

- Mar. 15: domestic disturbance in 502
- Mar. 15: guests from 503 propping open security door
- Mar. 23: loud music complaint against 503
- Mar. 28: Kingston By-Law Enforcement Officer delivered 2nd warning to 503
- Mar. 28: e-mail to Woock and Lambert regarding noise violations and other concerns