Evidence of Unsafe and Uninhabitable Flooring Conditions
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Property: Don Klyberg’s rental property 2023-2026, Brown County, Minnesota
Housing oversight: New Ulm Economic Development Agency (NUEDA), a HUD-contracted housing authority
Subject: Persistent moisture, contamination, deterioration, and health and safety hazards affecting the floors and floor coverings
This section documents the condition of the flooring inside the rental property and the conditions I have personally experienced as a resident. The carpet throughout the property is not simply old or unattractive. It remains persistently wet and appears to be affected by a constant vapor or moisture condition that fills the building's common areas and my unit. The moisture is visible on fabrics and walls, and the material accumulating on and within the carpeting is rust-colored. Based on its appearance and the age and condition of the property, I believe this may involve decades of accumulated pet contamination combined with prolonged moisture and inadequate maintenance. I am documenting the condition as observed rather than claiming, without laboratory testing, a definitive chemical or biological source.
The carpet remains wet to the point that ordinary vacuuming has become difficult and has damaged my brand-new vacuum. The problem becomes particularly severe during colder months when the heaters are turned on. At that time, the carpeting appears to "sweat," becoming increasingly damp, while the existing conditions create an environment in which mold and further deterioration can develop. The problem is compounded by a hole in the wall of my unit that allows exterior weather and moisture to enter the apartment.
The condition of the floors has materially affected how I am able to live inside my own home. I cannot safely walk barefoot from one room to another. Shoes must be worn at all times. If I forget to put on shoes, a sticky black substance adheres to the soles of my feet after walking across the carpet. This is not a condition that I consider reasonably sanitary or safe for residential occupancy.
The carpeting is so deeply deteriorated and contaminated that vacuuming does not restore it to a condition that feels clean or sanitary. The underlying condition of the flooring is not merely an issue of appearance. I experience the carpet as a persistent source of moisture, residue, contamination, and potential biological growth within the living environment.
The other flooring in the unit does not provide a meaningful solution. The linoleum is extremely old, worn, and filthy. Although it can at least be scrubbed with cleaning chemicals, even after I bleach it, the flooring still feels as though there is embedded filth beneath my feet. The condition of the flooring throughout the unit therefore creates a situation in which neither the carpet nor the hard flooring provides me with a reasonably clean and sanitary surface on which to live.
Applicable Housing Protections
Minnesota law provides specific protections concerning the condition of residential rental housing. Under Minnesota Statutes § 504B.161, every residential lease carries a landlord's covenant that the premises and common areas are fit for their intended use, that they are kept in reasonable repair, that applicable health and safety laws are followed, and that required heat is provided. The statute also specifically addresses extermination of insects, rodents, vermin, and other pests.
These protections are not merely contractual promises that can simply be waived by a tenant. Section 504B.161 expressly provides that the parties may not waive or modify the statutory covenants imposed by the section.
Because this property is associated with HUD-assisted housing, federal housing standards are also relevant. HUD states that Housing Quality Standards are the minimum quality standards applicable to HUD housing programs and that Housing Choice Voucher units must meet those standards before assistance can be paid and throughout the assisted tenancy. HUD's inspection framework specifically prioritizes conditions affecting residents' health, safety, and the functional adequacy of the dwelling.
HUD's physical housing standards likewise provide that housing must be free of health and safety hazards and that floors, walls, ventilation, and other components must be maintained in a condition suitable for safe occupancy. Federal housing standards identify hazards involving air quality, infestation, mold, odors, and other observable deficiencies as health and safety concerns.
HUD's National Healthy Housing Standard specifically addresses floors and floor coverings. It states that floors and floor coverings should be maintained in a safe and healthy condition, be capable of being cleaned, and be free of conditions such as bulges and buckling. It further explains that poorly maintained carpeting can become a source of chemical and biological agents and can accumulate dirt, moisture, and other contaminants.
The Evidence Presented Here
The issue documented in this section is therefore not simply that I dislike the carpet or believe the flooring is old.
I am documenting a persistent physical condition involving:
carpet that remains wet;
visible moisture or vapor affecting the building and unit;
rust-colored material appearing on or around fabrics and walls;
carpeting that appears chronically contaminated and deteriorated;
carpeting that becomes increasingly wet when the heating system is operating;
conditions that I believe permit or contribute to mold growth;
a hole in the wall that allows exterior weather and moisture into the unit;
residue that adheres to my bare feet when I walk across the carpet;
flooring that cannot reasonably be maintained in what I experience as a clean and sanitary condition;
deterioration severe enough that ordinary vacuuming has damaged a new vacuum; and
flooring conditions that require me to wear shoes inside my own residence to avoid direct contact with the contaminated surfaces.
These conditions are particularly significant because the property is not merely a private residence outside the housing system. It is a rental property operating in connection with HUD-assisted housing and the Brown County housing system. The existence of a housing contract or government inspection process does not eliminate the resident's right to safe and habitable housing. Rather, the applicable standards establish that assisted housing must meet minimum health, safety, and habitability requirements.
This evidence is submitted to establish the physical condition of the flooring, the persistent moisture and contamination I have experienced, the resulting impact on my ability to safely use my home, and the need for an independent inspection and corrective action.
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