Two residents of the Rio Arriba County low-income housing development in Ojo Caliente have filed suit in federal District Court against the County and County Housing Authority, for alleged civil rights and Fair Housing Act violations stemming from complaints about toxic mold.
The suit also names as defendants Housing Authority Director Angie Pacheco, County Commission Chairman Elias Coriz and Rhoades Environmental, a firm hired by the Authority to test public housing units for toxic mold.
The plaintiffs, James McConnell and Suzanne Tattan, live in unit 110 at the County’s Ojo Caliente low-income housing development. McConnell and Tattan allege that they were threatened with retaliation for speaking out about mold in their public housing unit and that McConnell’s disability was not accommodated. McConnell suffers from kidney failure, according to court documents.
According to court filings, McConnell and Tattan asked to be moved from a two-bedroom unit in the Ojo Caliente low-income housing development to a three-bedroom unit in anticipation of bringing foster children into their home. According to court documents, Tattan, a registered nurse, asked Authority staff to assign them a home with no history of mold infestation, because of McConnell’s kidney condition.
The couple was moved in January to the three-bedroom unit 110, a previously vacant unit. Two days after moving into unit 110, McConnell’s eyes became red and swollen, and he suffered flu-like symptoms and respiratory difficulty, according to the lawsuit’s complaint. Tattan suffered similar symptoms and McConnell became bedridden for several weeks, according to the complaint.
Tattan told Authority staff March 5 she and McConnell suspected toxic mold to be responsible for their illnesses. Five days later, March 10, the Authority sent a lease violation notice to the couple, threatening eviction proceedings because of a car parked in the unit’s back yard, according to court documents.
“The eviction was retaliation was a result of our questions about mold,” McConnell said. “There is no refuting that these Ojo housing units are full of mold and very dangerous.”
The lawsuit alleges the Authority violated the couple’s constitutional rights by threatening them with retaliation for speaking about mold in public housing and by attempting to remove a sign from their yard, according to court documents. The sign said “mold house,” according to McConnell. The lawsuit states that the Authority also violated the Fair Housing Act because they did not accommodate the plaintiffs’ illnesses.
McConnell and Tattan filed the lawsuit themselves but are interviewing lawyers to pursue the suit, McConnell said. They are seeking unspecified damages for physical and emotional injuries and anticipated attorney’s fees.
County and Authority officials refused to discuss the lawsuit.
“Once I got served, it became litigation,” Coriz said. “I’d hate to compromise anything by commenting on the lawsuit.”
County attorney Ted Trujillo did not return a call for comment by Tuesday.