OMAHA, Neb. (KMTV) — Legal Aid of Nebraska is seeking an injunction against Omaha Housing Authority after its client Latonia Freeman says her apartment at Underwood Tower is so full of mold — its putting her health at risk.
Freeman's attorney Caitlyn Cedfeldt says taking legal action like this is rare but this case warrants it.
"Going after it form a disability angle is one way to address it because ultimately what she wants here and what we've asked for is to be in a unit where she can breathe, that's not a huge ask," said Cedfeldt.
Freeman is one of many tower residents I've talked with over the course of several months.
"There is mold in her unit, we've had a mold expert go in and test it for both airborne and surface testing and they took a bulk sample which they scraped some of the fuzzy things growing in the shower off and tested them," said Cedfeldt.
The fuzzy things Cedfeldt is talking about look like this. Freeman also tells me, she's reached out to OHA for assistance in finding a different apartment. Even showing OHA, doctor's notes like this one that reads in part, "the mold exposure and poor living conditions at her current apartment are cursing her asthma to be worse in my medical opinion," said Cedfeldt.
"They never moved her and in that letter. They actually, eventually denied it out right and then filed to evict her for not paying her rent," said Cedfeldt.
Cedfedlt says she does not encourage anyone to stop paying rent if they are having issues. However, in this case she says, it is understandable being Freeman was spending money to stay in hotels.
"And so, she's on very limited income, she's on social security," said Cedfeldt. "So someone like that, does not have many choice."
According to the press release from Legal Aid of Nebraska, Freeman is considered disabled and has asthma that she manages with the help of inhalers.
I reached out to the Omaha Housing Authority and the CEO old me OHA "does not comment on pending legal matters," at 49th and Underwood, I'm Melissa Wright.
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Latonia Freeman wants a judge to direct OHA to transfer her to a more suitable apartment or provide her with a Section 8 voucher for a new apartment.
Freeman, and other residents, of the Underwood Towers in Dundee have raised concerns about mold and other hazards since the spring of this year. She claims her unit is so unhealthy that she has had to use the bathroom at neighboring apartments or the homes of relatives.
Her attorneys at Legal Aid say Freemen refused to pay her rent, citing mold issues, which resulting in OHA serving her an eviction notice in July.
"Freeman’s apartment was evaluated by a mold expert, who confirmed that remediation is necessary. This includes removing the entire shower and sections of drywall surrounding it, particularly the wall adjacent to and behind the toilet," Legal Aid said in its statement.
This is a developing story, check back for updates.
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