Plainfield explores rental inspection policy for mold, fire safety issues

PLAINFIELD – Roberta Almanza’s downtown Plainfield three-bedroom apartment has several air conditioning units in each room.

She said she needs to keep them on to keep the moisture out and to stop mold that has crept into corners of her apartment windows, doors and walls during the nine years she has lived there.

“We have to wipe down the whole place all the time,” Almanza said.

Almanza believes the black substance that fills crevices in window frames in her bedroom were identical to images of black mold, which she said has contributed to her health issues.

Breathing in black mold is highly toxic and can cause chronic ear infections, fatigue, headaches, upper-respiratory discomfort and bacterial and viral infections, according to the Centers for Disease Control and Prevention.

Other safety issues she said were not addressed in a timely manner include an electrical outlet near a bathroom sink that didn’t have a circuit breaker and disability access issues.

She said her requests during the course of several years to inspect the apartment and fix the sources of mold were not honored – until last week, when landlord Leto Realty started more work around her apartment. She noted the landlord also filled potholes in the driveway and fixed a broken window.

“Better late than never,” she said.

Jim Leto, a manager of the property, disputes that work was not done.

“We’ve always been doing work and there’s always work to be done,” he said.

No third-party inspections have been conducted on the unit while Almanza has been living there because the village of Plainfield doesn’t require rental inspections. But village officials now are looking at crafting a policy that would address the issue.

While police and fire officials said residents should call them for any safety or health issues or code violations, there are limitations to what they can do.

“If a landlord is not cooperative, [tenants] can contact the village and we’ll work with them,” Police Chief John Konopek said, adding landlords have usually been willing to work with the village.

For mold issues, village officials have in the past deferred residents to the Will County Health Department. However, the health department doesn’t conduct those types of residential inspections and defers back to the municipal or county building department, spokesman Vic Reato said.

Police Sgt. Colin Mulacek, Plainfield’s code enforcement officer, said the village is exploring what it would take to craft a rental inspection policy.

“We’re looking at different ordinances of different towns,” Mulacek said, naming Bolingbrook and Carol Stream among other communities. “The main objective is to ensure a safe living environment for the tenants and ensure landlords and tenants know their rights.”

Renters and landlords

Because of the lack of policies for rental inspections, some renters who have had issues with landlords feel they have no place to turn, especially when it comes to mold and fire protection.

Plainfield resident Heather Kazmark started researching village codes on the issue after an April 30 fire burned a multi-unit house next to her apartment on Ottawa Street to the ground.

“That fire could have happened here, and it could have killed someone,” Kazmark said.

She complained about not enough smoke detectors in the apartment complex, and her landlord installed more detectors after requests were made by other residents, too. Tenants also have complained about mold, as well as weeds and grass reaching height limits set by the village.

The cause of the April 30 fire was not determined, according to Plainfield Deputy Fire Chief Jon Stratton. But he said investigations pointed to the fire starting in the wall area, possibly from an electric outlet or wiring.

The fire destroyed two of the three units of the building. For second-floor resident Allyson Figas, 22, it consumed practically everything she owned.

“I was moving out of that apartment the next day,” Figas said. “All my stuff was in that apartment. All my money was in there.”

Figas said she thinks she might not have lost her possessions had there been a village inspection that could have identified the problem.

Kazmark, a Plainfield Township Democratic precinct committeewoman who said there are at least 240 rental units in her precinct, said she sent a letter May 28 to village trustees. She wants the village board to adopt an inspection policy and to pay attention to older residential buildings.

“It would be naive to assume that landlords are following [fire codes] simply because they exist within the village’s Code of Ordinances,” she stated in the letter.

“Often, these tenants [earn a lower income] and don’t have the time or money to fight the landlord,” Kazmark said.

Making improvements

The owner of both Kazmark’s and Almanza’s apartment complexes, Rick Leto, declined to comment when asked about the residents’ complaints. He deferred to his cousin, Jim Leto, who said he took over management of those properties in November. Kazmark and Almanza both said conditions have improved since then.

“I think Rick was involved with his plumbing business,” Jim Leto said, mentioning Plainfield-based Leto Plumbing and Heating. “Maybe he needed to do a little more.”

Jim Leto said Leto Realty has performed several upgrades on Almanza’s apartment, including installing new air conditioning units and ceramic tile. He noted, however, the nature of many of Almanza’s requests, including new appliances and painting of walls, needs to be taken in perspective.

“These are old apartments and these tenants are paying under market rate for those,” Leto said. “If [Almanza] wants a brand new apartment, she would be paying double.”

Almanza said she pays $1,040 in rent for her three-bedroom apartment and has a garage as well, which is why she has stayed.

Leto said by law, a lease is only required to give heat, water and a safe place to live. But he said Leto Realty went beyond that, installing multiple smoke detectors per unit in Kazmark’s building after the fire next door.

Concerning mold, he said Leto Realty has fixed leaks. But he said it was residents’ responsibility to wipe up moisture that often builds from showering and cooking to prevent black mold from growing.

Village policy

Mulacek, Plainfield’s code enforcement officer, conducted an inspection June 29 of Kazmark’s apartment with code enforcement and building officials. They found a couple of minor violations. Mulacek couldn’t identify the specific violations Thursday, and referred questions to another officer who was not available late last week.

Any rental inspection policy needs to be approved by the village board, Mulacek said.

Village Trustee Margie Bonuchi, the Republican counterpart of Kazmark for the same precinct, said she had no issue with a rental inspection policy.

“I’m all about fire safety,” Bonuchi said, adding she has been speaking to fire officials about how inspections could work. “I would be fine with any inspections, especially in rental units where you really don’t know who your fellow residents are.”

Leto said he was against village inspections.

“The insurance companies do these inspections,” Leto said. “Typically, they make sure everything is up to code.”

Properties with mortgages are not insured if they don’t pass inspection, he said.

He also said many apartment issues can be resolved by the residents themselves.

“Shouldn’t a person who rents an apartment be responsible enough to check a smoke detector?” Leto said.

Kazmark said while her landlord eventually responded to requests, it took persistent complaining and contacting the media to get it done. She plans to stay in the village, but has sent her notice of intent to move out of her current apartment.

“They did make repairs, but too many complaints had to be made,” she said