David L. Lakey, M.D. Commissioner, DSHS
Environmental Health Group,
Policy, Standards and Quality Assurance Unit,
Mail Code 1987
Division for Regulatory Services
Texas Dept., of State Health Services
Fax: 512-834-6707

Re: Black Mold issue caused by builder construction defects and repeated leaks.

A KB Home Sucks - Reports positive for Toxic Black Mold

I am contacting you to ask for your assistance with this serious issue. I received an independent inspection report regarding the Black Mold that has been growing in this KB Home. The mold has grown because of repeated leaks, the cause of which could not be determined for eighteen months by KB Home Managers. The cause was eventually determined as defective construction.

The result was excessive levels of water in the walls for this length of time, as reported by their own inspector at the time. This clearly caused long-term dampness and created an environment that allowed the black mold to flourish. The last leak occurred on the 4th July 2008 and it took weeks before KB Home addressed it.

The serious health issues I suffered during the last three years are well documented and this report confirms my suspicion that the mold and dampness are a direct cause of the Bronchitis, Pneumonia, Asthma, acute Rhinocitus and Dermatitis I was diagnosed with.

What I find hard to understand is why KB Home managers deliberately ignored the Black Mold when they found it under the master bathtub and toilet. They found the mold where the toilet had leaked previously, as it was installed too close to the wall. They were taking up all the upstairs flooring due to some major issues. I took a sample and photographs were taken (as published on my website), yet they chose to ignore it and just covered it up. Even though we discussed it and recorded the conversation on home security equipment, as was fully disclosed from the outset, to all concerned.

Now the mold is spreading through the A/C system. It was discovered when the A/C unit broke down for the third time. Once again I was without A/C in sweltering Texas heat. I called KB Home because all the warranties on the house were extended for a further two years, due to major construction defects with the home. It took workmen ten hours to come out and eventually get it working. They documented that it was not wired correctly and the damper was not attached, so would never have worked effectively. This explains the high utility bills, not at all what was promised when I purchased the home in 2005.

I am no longer able to live in the house, cannot rent it out or sell it. This is an untenable situation, physically, mentally and financially that cannot be sustained much longer. I have written repeatedly to Jeffrey Mezger, CEO, at KB Home, because nothing has been resolved, but he has ignored me and never responds. I hope you can assist me to resolve this desperate problem.

Yours truly
KB Home Owner – aka akbhomesucks.com

@@@@
We will post the reply as soon as we hear from the Texas Department of State Health Services. The letter was faxed on 5th August 2009.