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Q: I Just Moved Into An Apartment And My Eyes Are Burning....Why & What Can I Do? ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: I Just Moved Into An Apartment And My Eyes Are Burning....Why & What Can I Do?
Category: Miscellaneous
Asked by: nerv-ga
List Price: $40.00
Posted: 24 Jan 2004 10:11 PST
Expires: 23 Feb 2004 10:11 PST
Question ID: 299734
I moved into an apartment about a month ago and I have recently
noticed that my eyes have started to burn/sting (within past 10 days
or so).  I moved from the house I lived in for 18 years.  It was an
old house with wood floors, old walls (not drywall).  The apartment is
also old, but has been renovated at some point in the past (meaning it
has newer tile flooring and Drywall).  It also has fairly new
carpeting, likely installed within the past 18 months.  The carpet was
cleaned before I moved in...I'm guessing the walls were cleaned too
(they were not freshly painted).  I noticed a strong perfumey smell
when I moved in.  I guessed it must have been the carpet cleaning
chemical.  The smell is still present, although I only notice it when
I return to the apartment after having been gone for awhile.  I have
many pieces of furniture that are made/partially made of particle
board, however, the pieces are several years old, and I lived with
them in the house without any problems.

I have fibromyalgia and allergies and am somewhat sensitive to
chemicals, although I do not have MCS.  I am concerned about living in
an unhealthy environment and for this reason I have two IQ Air
Cleaners to help keep the air clean in my apartment (one GC unit and
one Healthpro unit).  I've had them in the apartment since I moved in
(I also used them in my old house).  Because of my circumstances, I
cannot move into another apartment at this time...or any time in the
very near future.

So, my three-part question is:  Could the carpet cleaning/wall
cleaning residue be causing the burning in my eyes?  And what can I do
to rid my apartment of this residue, or anything else that might be
adding to my problem?  Is there anyone that could help me with this?

I suppose it's possible that the burning in my eyes might be caused by
something other than lving in this apartment...but I can't think of
what that might be at the moment!

Thanks for your interest in my question, and I look forward to hearing your answer.
Answer  
Subject: Re: I Just Moved Into An Apartment And My Eyes Are Burning....Why & What Can I Do?
Answered By: nancylynn-ga on 25 Jan 2004 15:31 PST
Rated:5 out of 5 stars
 
Hello nerv-ga: 

Cleaning solutions can indeed provoke physical reactions in some
people. Carpet cleansers are especially well-known culprits.

See:

C.A.N. DO Fact-Sheet
http://cp.yahoo.net/search/cache?p=%22carpet+cleaners%22+AND+%22allergic+reactions%22&ei=UTF-8&cop=mss&url=ipZF0jc5uiMJ:www.lung.ca/cando/content/FS-CARPE.pdf

That page contains a great tip: "You can test your new carpet by
placing a sample in a clean and tightly sealed jar and leaving it on a
carpet by placing a sample in a clean and tightly sealed jar and
leaving it on a sunny window sill for a day. Upon opening a strong
smell will identify problem carpets."

If the odor that comes out of that jar is the one you smell every time
you enter your apartment -- then the mystery is solved.

Using this link:
http://www.nontoxic.com/purewoolcarpets/nontoxiccleaners.html
You can order "Mystical . . . a non toxic deodorizer, cleaner and
shampoo that lifts odors and stains from carpets, clothes and
furnishings effectively. . . . Our non toxic product is designed for
chemically injured people who cannot tolerate chemical toxic fumes in
cleaning materials."

Or, go to a hardware store to see if they have any solutions similar
to this that will remove the carpet cleanser. You may want to clear
this with your landlord. Emphasize that you'll test any cleanser you
buy on a very tiny piece of carpet to make sure it doesn't discolor
the fabric. In fact, clipping a piece of carpet to put in the jar may
tick off your landlord!

After checking your lease to see if you're prohibited from shampooing
the carpet (I doubt that you are!), I think you should be upfront with
your landlord. Tell him/her about your problem and request a leftover
piece of carpet -- if one is available -- to use in the jar and then
to test the Mystical. Otherwise, you may have to try using whatever
fuzz and fibers come up when you vacuum and then put those in a very
small jar -- like a baby food jar. Then, use those fibers to test the
non-toxic cleaning solution.

For reasons I've cited below, I doubt you can compel your landlord to
pay for any re-cleaning; you're going to have to re-clean the carpet
(and walls) yourself, or pay a cleaning service out of your own
pocket.

If the carpet sample doesn't emit a smell, or the Mystical doesn't
work, or if your landlord refuses to let you re-clean the carpet with
a product like Mystical, then keep reading, because the situation may
be much more complicated, legally and otherwise:

First, there are other possible causes besides cleansers: your
apartment might have been fumigated before you moved in; or, there
could be mold or high-lead paint in your apartment.

OTHER POSSIBLE CAUSES:

See:
"Is Your House Making You Sick?" by Carol Sorgen, at WebMD.com:
http://my.webmd.com/content/article/62/71745.htm?lastselectedguid={5FE84E90-BC77-4056-A91C-9531713CA348}

Here's another WebMd article from February 2002: "Are You a Victim of
Sick Building Syndrome?," By Cherrill Hicks:
http://my.webmd.com/content/article/35/1728_97473.htm?lastselectedguid={5FE84E90-BC77-4056-A91C-9531713CA348}
(The article notes "Remember that there is no evidence air ionizers,
personal air filters, or even plants protect against symptoms.")

Mold and lead paint can cause burning eyes:

"About Mold and Fungus":
http://www.moldinspectionservices.com/mold.html

A reprint of a July 11, 2000 article, "Home, Sick Home," by Joysa
Winter, from the Denver Rocky Mountain News:
http://www.safe2use.com/ca-ipm/00-07-13a.htm

But here's an opposing view from an article found at WebMD.com: "What
Is Multiple Chemical Sensitivity?":
http://my.webmd.com/content/article/61/67473.htm?lastselectedguid={5FE84E90-BC77-4056-A91C-9531713CA348}

"Other names for this condition are 'environmental illness' and 'sick
building syndrome.' . . . Is MCS a Real Disorder?
Many recognized medical groups and societies, including the CDC, the
American Medical Association, and the American Academy of Allergy,
Asthma and Immunology, do not consider MCS a distinct physical
disorder. There are several reasons for this. First, there is a lack
of clinical evidence to support a physical cause for the symptoms . .
. ."

Btw, here's WebMD's "The Eye Doctor Is In" article on "burning eyes,"
by ophthalmologist Dr. Bill Lloyd, which points to a "defective tear
film: inadequate tear production, abnormal chemistry, wrong, pH,
etc.," as likely causes:
http://my.webmd.com/content/article/64/72258.htm?lastselectedguid={5FE84E90-BC77-4056-A91C-9531713CA348}#10
Lloyd recommends that people with burning eyes consult an ophthalmologist.

Have you had a chance to meet your new neighbors? Are any of them
suddenly having health problems, or experiencing "burning eyes," like
you? If so, there may be another, much larger, problem, such as mold
in the building. Strength in numbers means a lot; especially if you're
ultimately forced to seek help from the Health or Building Department
or from a lawyer.

But if it turns out everyone else in the building is fine and it seems
the cleansers are indeed causing your reaction, can "tenant" laws
provide a remedy: Can you force the owner of your apartment to have
the walls and carpet re-cleaned with less aggravating products; or to
have tests conducted for other possible sources of the problem?

I've tried to break this down into two parts:

Possibility 1: CAN THE LANDLORD BE COMPELLED TO REMEDY THE PROBLEM?

Tenant rights vary from one state, or even from one municipality, to
another. For examples, see:

A good, general site is "What's New In Landlord/Tenant Law?"
http://rental-housing.com/rental/newlaw.htm

This "New York State Tenants' Rights Guide," which includes "habitability":
http://www.oag.state.ny.us/realestate/habitability.html#13
(Notice landlords are responsible for removing lead paint.)

The San Francisco Tenants' Union's information on "warranty of habitability":
http://www.sftu.org/repairs.html

But there's a big difference between lead paint and wall cleaner.
Obviously, from an objective standpoint, the landlord did the right,
and the required, thing in preparing for a new tenant by having the
walls and carpeting cleaned.
See this Washington Times article "Upkeep Falls Between Tenants":
http://washtimes.com/fhg/20040114-092415-6599r.htm

Also, the fact that you lived in your new apartment for about 20 days
without experiencing any reaction may hurt your chances of taking any
sort of action against your landlord re: have the carpet removed or
re-cleaned and walls re-cleaned with safer cleansers. If you took this
to court, the landlord's lawyer could probably make a good case that
the 20-day delay makes cause-and-effect murky.

Ask the landlord or building supervisor:

1): Was the apartment treated by an exterminator just before you moved
in? Or did the landlord or manager use any pesticides in the
apartment?

2): If the Mystical didn't work, ask which cleaning service cleaned
your apartment because you think you're having a reaction to the
carpet shampoo.

If you know which cleaning service did the work, call and ask them
precisely what they used. It's important that you know just which
products were used. Tell them if the Mystical didn't work; ask if they
know of any solutions that will remove the odor.

3): You also want to call the exterminator -- if one was brought in --
to see which chemicals they used. (If the exterminator used a banned
pesticide, then a lawyer may be able to make a case against the
exterminator.)

If you hit a wall with the cleaning service or exterminator, call the
Department of Health or Department of Building Inspection, and the
Better Business Bureau to see if there have been complaints about
these companies.

If you've ruled out the carpet thanks to the jar test (or if your
landlord refuses to let you use a solution such as Mystical to remove
the carpet odor), and/or if the landlord refuses to allow inspection
for mold or leaded paint, then you'll need to seek legal guidance.

Consult a lawyer who specializes in tenant law or go to your local
legal aid. If you can't find a legal aid near you, call your local
American Bar Association: most have names of lawyers who offer pro
bono services to low-income citizens. Your city may also have a
"Tenants' Union" or an "Apartment Association."

You can also use "FindLaw":
http://www.findlaw.com
to locate a lawyer in your area. (At right see a box for "City or Zip.
Then, search under the categories "tenant law," "housing," or if no
luck there, try "environmental.")

*A lawyer probably can't make a case that the owner has to have the
apartment re-cleaned with safer, less noxious cleansers. That is, it's
unreasonable to expect that the landlord should have foreseen that the
cleaning people would use a product that happens to be an allergen to
*some* people.

*At the least, a lawyer should be able to persuade your landlord that
you should be allowed to re-clean the carpet, if you believe that's
the problem; especially since you've offered to do a sample test first
on a tiny piece of the carpet or on a remnant. (Bring your lease to
your first consultation with your lawyer.)
 
*And, if re-cleaning walls and carpet doesn't work, a lawyer will push
to have the apartment inspected for a hidden danger, such as mold,
unless your landlord readily agrees to contact appropriate
authorities. A lawyer, or legal aid, will certainly demand that the
Department of Health or Building Inspection be requested to check your
apartment.

Should something like mold or radon or illegal lead levels be found,
the government agency that conducted the inspection will order the
building's owner to remedy the problem.

In most U.S. jurisdictions, THE LANDLORD MUST PAY FOR EXTERMINATION,
MOLD REMOVAL, LEAD PAINT REMOVAL, ETC.  If the landlord doesn't follow
through on such remedies, a lawyer will advise you on your rights to
rent reduction; or deducting these costs from your rent, if you're
compelled to hire service people yourself, due to your landlord's
refusal to remedy such matters.

See this April 4, 2003, article from the San Gabriel [CA] Valley
Tribune "Residents evacuated due to toxic mold; Building owner may
face prosecution" by Marshall Allen and Gary Scott:
http://www.instant-legal-forms.com/landlords-liability-to-house-mold-infestation.htm

Keep scrolling down that article to this: "Questions & Answers about
Landlord Liability for Mold Problems," published June 15, 2003:
"There are no federal or state environmental laws that require an
office building, home, or any other building to be mold-free.
Landlords do often have a state law legal obligation to provide
habitable housing to their tenants . . . . .Under most states' laws,
residential landlords owe a duty to their tenants to provide habitable
housing. Living in mold infestation is certainly not living in
habitable housing. You can call your local city building inspector and
ask him or her to check out your apartment for building code
violations like mold infestation . . . ." (You can see how murky
environmental factors and the issue of "habitability" can be in tenant
law!)

Here's a great article about apartments and mold and tenants' from
About.com's "Apartment Living And Rental" site's page on mold:
http://apartments.about.com/cs/security/a/molds.htm

Also see the National Lawyer Referral site on "Sick Building Syndrome":
http://www.toxic-mold-stachybotrys.com/pages/mold_overview.html

Possibility 2: THE LANDLORD ISN'T RESPONSIBLE OR CAN'T BE COMPELLED TO
REMEDY THE MATTER:

Let's say causes such as mold, high-lead paint, and banned pesticides
are ruled out, and it appears that you are, in fact, allergic to the
carpet shampoo residue or the cleanser used on your walls -- right
back where we started!

Because the apartment owner didn't really act in bad faith -- he/she
simply had the carpet cleaned and the walls washed, which is standard
practice -- you probably can't compel the owner to pay for a
re-cleaning.

So, in all likelihood, you're going to either have to pay someone to
come in and clean the walls and carpet -- or do it yourself. (Again,
if your landlord refuses to let you re-shampoo the carpet, a lawyer or
legal aid will likely be able to change his or her mind very quickly!)

Even if the carpet-sample-in-a-jar didn't produce an odor, you may
want to shampoo the carpet with Mystical anyway, just on the chance
that something in the carpet shampoo -- whether you can smell it or
not -- is causing your problem.

If you go with a pro, go through the Yellow Pages and look for
cleaning companies that use cleansers deemed safest for people with
allergies. (You may have to call quite a few cleaners and ask, but
some will have ads touting that they use environmentally and people
friendly products.)

If you do it yourself, then besides Mystical, you may want to try
Envirorite products:
http://www.envirorite.com/  
"All Natural cleaners for people with allergies, asthma and chemical
sensitivities."

See EnviroRite's full line of cleansers at:
http://www.envirorite.com/FreePage1.htm
Their "Multi-Purpose Cleaner" should be fine for your walls.    
 
Here's some tips on non-toxic cleaners you can whip up yourself with
items like olive oil and vinegar:
http://kyky.essortment.com/cleaninghouse_rmen.htm

(Sidenote: I realize that people with fibromyalgia suffer chronic
fatigue. This is a good time to ask a relative or friend to help you.
If no one can or will help you, and you can't possibly do this work
yourself, ask your new neighbors: is there a reliable ("good kid")
teenager in the neighborhood who does odd jobs, like baby-sitting,
shoveling driveways, or mowing grass? You may be able to pay him/her
$5 or $6 an hour to do the cleaning. Even if it takes 10-15 hours of
work, it will still cost less than a professional service!)

Possibility 3: IF CLEANING THE WALLS AND CARPETS DOESN'T WORK:

Let's say as your first step you have the walls and carpet cleaned
with the "safer" solutions, but . . . . your reaction still doesn't
abate.

Then, if you haven't already, you must explore the other possibilities
I'd mentioned earlier: mold, radon, high-lead paint, pesticides.
Something besides a cleanser.

So, if you'd earlier held off on calling the Health Department or
Department of Building Inspections, or going to legal aid, now is the
time you'll have to do so.

A lawyer or legal aid will stand behind you when you ask your landlord
to have the apartment checked. At the very least, they'll remind the
landlord that tenants have the right to have their apartments checked
for mold, radon, lead, banned chemicals, etc.

You should have the right, as a tenant, to call the Health or Building
Department on your own. If they find a serious problem, like mold,
they will order the building's owner to have the situation remedied.
Now you'll have a government agency, as well as a lawyer, bringing
pressure to bear to correct the situation.

If the landlord begins hassling you as "punishment," that will open a
whole new legal can of worms -- tenant laws forbid "retaliation" --
and you'll need to return to legal aid for help on that matter.

Ultimately, if mold, pesticides, lead paint, etc., are ruled out, and
the use of "safe" cleaning solutions doesn't help -- all I can suggest
is that you go to an allergist to see if you've developed a new
allergy. Or it may turn out that you are indeed allergic to something
in drywall. If so, you're going to have to live with burning eyes.
Also go to an ophthalmologist; it's possible you've developed a
condition that has nothing to do with chemical exposure.

I would say consider things like have you switched to a new brand of
mascara or hairspray or deodorant, but since you seem to only
experience burning eyes while in your apartment, it seems likely the
problem is indeed in your new home. It may be that dust is clinging to
the carpet and you need a more powerful vacuum (such as one with a
hepa filter), whereas dust didn't cling or build up so much in your
former home.

As long as it's not a banned toxin that's causing your problem, and if
cleaning with safer solutions doesn't work, then you're likely just
stuck with having to hope your body "adjusts" and that your symptoms
will abate over time.

Search Strings:

"' 'tenants rights' AND allergic"
"'tenant law' AND 'allergic reactions'"
"tenant AND 'allergic reactions'"
"non-toxic cleaners"
"'carpet cleaners' AND 'allergic reactions'"
"landlord apartment cleaned banned substances"
"landlord liable banned chemicals"
"landlord AND required AND clean AND apartment"
"'burning eyes' AND 'lead paint'"
"'burning eyes' AND 'mold'"

I hope my research is of help to you. Please post a "Request For
Clarification" if you need help navigating any of the above links, or
if you need me to clarify any of the information I've given you, prior
to rating my answer.

Regards,
nancylynn-ga
nerv-ga rated this answer:5 out of 5 stars
Thanks for the info nancylynn.  Much appreciated.  :-)

Comments  
Subject: Re: I Just Moved Into An Apartment And My Eyes Are Burning....Why & What Can I Do?
From: urbanimage-ga on 29 Jan 2004 22:57 PST
 
other possible solutions.....try  to keep  50%  relative
humidity.........too  wet  increases  molds......too  dry  increases 
dust,  off-gassing  from  materials......filter  other  than  hepa  or
electrostatic  are  questionable........increase  ventilation and
fresh filtered air......stale air/pollution  are slow 
killers.......dry  eyes/allergies  can  reflect  itching/burning 
sensations......many  sources/stuff/horizontal surfaces such as books,
fabrics, carpets, stuffing,  packing  materials, mattreses,  perfumes,
 etc.....low tolerance levels of compound gasses,  etc........the 
body system  requires  positive  attitude....keep  it  open  and  keep
it  moving...........
Subject: Re: I Just Moved Into An Apartment And My Eyes Are Burning....Why & What Can I Do?
From: nerv-ga on 29 Jan 2004 23:50 PST
 
Thanks for your input urbanimage.  I do have hepa filters, along with
other filtration media.  You mentioned increasing fresh "filtered"
air....how would I do this?  I can open all my windows....but, I do
live in the Los Angeles area!

Thanks much!

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