First off, I apologize if this is in the wrong category, but it's about a situation with my landlord. I also apologize if this is confusing...it's kind of complicated.
I live in a mobile home park in WI. I own the trailer and rent the lot. I have several medical conditions that would qualify alone/together as disabilities under the Disabilities Act...something I only use if I HAVE to. Our homes our very close together (less than 80 feet I'd say) and being mobile homes, not well sealed (and sealing will still allow the smoke in...I've researched it). My neighbors on both sides have wood-burning fireplaces, and when either of them are using theirs, my entire house STINKS. Some days it's tolerable, and other days it makes me sick or makes my conditions worse. I can't stand to go outside when their fires are going. One neighbor mostly quit using their fireplace, but the other uses theirs as soon as it gets cooler out, almost every night & day, until summer. He uses dry wood according to the landlord, and the smoke produced is clear...but my research says that if you smell it you're still getting the toxins, which would have a lot to do with why I feel sick.
Although the county has laws that would apply to this, so far they refuse to do anything. I complained to the landlord who said that the authorities he checked with said that if the fireplace is working properly and in the home, he can't do anything about it. I do plan to resume my complaints once it starts up again, armed with more information...but I thought of using the ADA as a backup plan. The biggest problem would be my condition vs the wording of the ordinances...My sense of smell is more sensitive than most, I have asthma and allergies, migraines, and nausea....among other things. The ordinances I was going to use to help me typically talk about odors that are offensive to the "average" person. So, I've yet to mention these problems to the landlord.
I found at least one other case involving something similar...a city was sued under ADA because a disabled child couldn't go to the park because of wood smoke.
I know the ADA covers public access and fair housing, but would it cover the ability to enjoy my home and rented lot? Or can anyone think of anything else I could try?
Thanks for any help...just don't know what else to do!
Candi
I live in a mobile home park in WI. I own the trailer and rent the lot. I have several medical conditions that would qualify alone/together as disabilities under the Disabilities Act...something I only use if I HAVE to. Our homes our very close together (less than 80 feet I'd say) and being mobile homes, not well sealed (and sealing will still allow the smoke in...I've researched it). My neighbors on both sides have wood-burning fireplaces, and when either of them are using theirs, my entire house STINKS. Some days it's tolerable, and other days it makes me sick or makes my conditions worse. I can't stand to go outside when their fires are going. One neighbor mostly quit using their fireplace, but the other uses theirs as soon as it gets cooler out, almost every night & day, until summer. He uses dry wood according to the landlord, and the smoke produced is clear...but my research says that if you smell it you're still getting the toxins, which would have a lot to do with why I feel sick.
Although the county has laws that would apply to this, so far they refuse to do anything. I complained to the landlord who said that the authorities he checked with said that if the fireplace is working properly and in the home, he can't do anything about it. I do plan to resume my complaints once it starts up again, armed with more information...but I thought of using the ADA as a backup plan. The biggest problem would be my condition vs the wording of the ordinances...My sense of smell is more sensitive than most, I have asthma and allergies, migraines, and nausea....among other things. The ordinances I was going to use to help me typically talk about odors that are offensive to the "average" person. So, I've yet to mention these problems to the landlord.
I found at least one other case involving something similar...a city was sued under ADA because a disabled child couldn't go to the park because of wood smoke.
I know the ADA covers public access and fair housing, but would it cover the ability to enjoy my home and rented lot? Or can anyone think of anything else I could try?
Thanks for any help...just don't know what else to do!
Candi