OMAHA, NE – Legal Aid of Nebraska is seeking a temporary injunction against the Omaha Housing Authority (OHA) on behalf of a tenant, Latonia Freeman, who is living in unsafe, mold-ridden conditions which Freeman alleges is putting her health at risk. Freeman is seeking a court order directing OHA to either transfer her to a suitable mold-free apartment or provide her with a Section 8 voucher as a reasonable accommodation under the Fair Housing Act.
Freeman, who resides at Underwood Towers on 48th and Underwood Ave., has been requesting that OHA address the significant mold in her bathroom since the spring of 2024. She has repeatedly asked to be transferred to another apartment. Due to the unaddressed conditions, Freeman withheld rent, leading OHA to serve her with a 30-day eviction notice on July 10.
OHA offered to transfer her to a smaller studio apartment at Florence Towers, which Freeman, after visiting the unit, found unacceptable and suspected it also had mold.
Under the Fair Housing Act, which protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities, Freeman is not obligated to accept the offer.
Freeman’s apartment was evaluated by a mold expert, who confirmed that remediation is necessary. This includes removing the entire shower and sections of drywall surrounding it, particularly the wall adjacent to and behind the toilet.
Freeman, who is disabled and has asthma, initially relied on two inhalers to manage her condition. Since OHA’s inaction, she has had to increase her inhalers to five and can no longer stay in her apartment for extended periods of time. She is forced to use bathrooms at her neighbor’s or relative’s homes. According to Freeman, “I just want to be able to breathe in my home.”
“Two doctors have documented the health risk to Ms. Freeman,” said Caitlin Cedfeldt, Legal Aid attorney. “Because of the severity of her asthma, her current living conditions put her at a significant risk. Housing providers like OHA are legally required to provide reasonable accommodations and practical modifications to tenants with disabilities to ensure they can live safely. Our client deserves a livable, healthy environment. She should be able to breathe in her home.”
Please Note: Due to Ms. Freeman’s current health, she is unavailable for interviews.
