Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

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Gordon conducted surface testing in Unit 73, the same unit in which he had found the higher levels of colony-forming units and he came to the conclusion that the TNTC, (too numerous to count) types molds were present in three cases. Cladosporium aureobasid*534ium, pollutants which are very odorous, were too numerous to count. There was a significant amount of Penicillium and some Stachybotrys, which is considered a toxic mold. In addition, he found yeast, which is a very common mold found in the New England area. In inspecting the six units, Gordon observed that the bathroom ventilation systems were not exhausting to the exterior of the building, but were in fact exhausted to the spaces between the ceiling of the units and the floors of the units. In the case of second-floor ventilation, it was exhausted into the attics and did not exhaust to the exterior of the building. There were strong odors in approximately five units that are called “mold odors,” a recognizable odor. Gordon concluded that the contamination level in all of the six units would be considered a probable contamination source under the guidelines previously referenced.

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