A couple who rented a luxury house in Scarsdale claim that the owners and real estate agents conned them into moving into an unhealthy house.
Eric and Melanie Appelbaum accused owners Louis and Rita Zamboli, their daughter and property manager Daniela Zamboli Dowdall, and agents for the Houlihan Lawrence real estate brokerage of purposefully withholding information about the condition of the property, in a complaint filed on Oct. 16 in Westchester Supreme Court.
They were “fraudulently induced” to lease an unhealthy house, they allege, by false representations that dangerous mold would be remediated.
“Such claims are grossly exaggerated, Yonkers attorney Jonathan P. DiBari stated in an email, “in an attempt to deflect from their obligations under the lease contract.”
The Zillow online real estate marketplace estimates that the 5-bedroom, 5-bathroom 5,051-square-foot house on Saxon Woods Road is worth $3 million.
The Appelbaums retained a Houlihan Lawrence employee to act as their agent, the complaint states, and the Zambolis were represented by two Houlihan Lawrence agents.
This past July, the Appelbaums agreed to lease the house for $12,000 a month. They were aware of mold, according to the complaint, because their agent had taken pictures and notified them that the Zambolis would remediate the problem.
During a walk-through on Aug. 16, the Appelbaums claim, they noticed mold but were assured that it would be remediated. When they moved in on Aug 20, they saw a crew painting over mold in the basement. A few days later, Dowdall allegedly told them that the basement had been flooded.
Eric Appelbaum complained about the smell of mold and asked for an inspection. On Sept. 2, an inspector purportedly told Eric that he had found mold throughout the basement and would not be surprised if mold was present in the ceiling and walls.
Eric says he repeatedly asked for a copy of the inspection report. He eventually received it (but the complaint does not describe the findings). Meanwhile, the complaint states, the Appelbaums were experiencing sore throats, uncontrollable sneezing, rashes, fevers, lethargy and body aches.
They hired an environmental inspector who found mold throughout the basement, according to the complaint, and blood testing revealed that Melanie had been exposed to mold.
On Sept. 12, the Appelbaums notified everyone that they would be moving out due to failure to properly remediate mold. When they returned to retrieve personal items, they wore KN95 masks. On Oct. 2 and Oct. 3, they claim, they smelled gas and Con Edison found a leaking propane tank and gas pipes.
The Appelbaums are demanding a $36,000 refund for two months of rent and a security deposit and unspecified monetary damages for damaged and discarded possessions, temporary housing, legal fees, and emotional distress.
“Defendants possess information and documentation in support of their defense,” DiBari stated. “The judicial process will play out strongly in favor of our clients in due time.”
