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Rocky Mountain Environmental Health Association
Federal Documentation on MCS
We want to determine whether and how multiple chemical sensitivity (MCS)
and electrical sensitivity (EHS) housing literature is being distributed to
agencies and the public by HUD FHEO's Fair Housing Information Clearinghouse
(FHIC) in Rockville, MD.
FHIC used to charge $3.00 for a packet of MCS cases.
Following is a partial list of federal publications that document MCS as an
accepted illness and disability. These documents should be available from the
FHIC Clearinghouse or other viable public source.
To err on the safe side, ensure that at least some of these documents are
included in your filing when you make a submittal for any MCS-related
Thank you in advance for any feedback or additions indicating that HUD has
indeed studied and supported our accommodation before. We want to counter
their too-often arguments that our access requirements are "new" or
that "not enough is known" or that each one of us is alone in
exploring "uncharted territory." Such arguments are not true.
What is "new" is the clarity with which our
community can proceed, when accurately informed.
- Susan Molloy, M. A.
- Snowflake, AZ 85937
- (928) 536-4625
- Memo from George L. Weidenfeller, HUD Deputy General Counsel on
4/14/1992, releasing Technical Guidance Memo 91-3 signed by Frank Keating, HUD
General Counsel on 3/5/1992, written by Carole W. Wilson, Associate General
Counsel for Equal Opportunity and Administrative Law;
- Memo of 6/6/1991 by Leonora Guarraia, General Deputy Assistant Secretary
for FHEO, distributed to all HUD FHEA Regional Directors along with TGM 91-3
stating HUD's position on Multiple Chemical Sensitivity Disorder;
- HUD Determination on a Fair Housing Act Complaint, 1990, ruling against a
property owner for refusal to delay fumigation in order to permit a temporary
absence for an MCS tenant;
- Letter of 10/26/1990 from HUD Assistant Secretary Timothy Coyle in
response to Senator Frank Lautenberg's request, on behalf of National Center
for Environmental Health Strategies, for a HUD position paper on MCS;
- HUD Conciliation Agreement, signed 12/4/1992 by the Director of the FHEO
office, Chicago Regional Office of HUD, requiring apartment owners to grant
accommodations to MCS tenant James LeRoy, represented by Attorney Earon Davis;
- Decision by the Pennsylvania Human Relations Commission (Raymond
Cartright), 1986, that Lincoln Realty Management Company of Audubon, PA was
wrong in trying to evict MCS tenant Sally Atkinson on the basis of her
- Letter from Russell K. Paul, HUD's Assistant Secretary for Congressional
and Intergovernmental Relations on 6/17/1992 to Congressman Wally Herger, for
constituent Barry Karr, summarizing HUD's TGM 91-3;
- Consent Decree of 8/25/1993, by U.S. District Judge David A. Ezra,
requiring an Apartment Owners Management Company in Honolulu to accommodate an
MCS tenant who was represented by attorneys Diane Houk and Brian Heffernan,
Housing and Civil Enforcement Section, U.S. Department of Justice;
- Conciliation Agreement, 1994, in which Patrick Comorato, HUD Mid-Atlantic
(Philadelphia) Regional Office Equal Opportunity Specialist, required that
accommodations be granted by Bernstein Management and Columbia Realty Venture,
to MCS tenant Ellender V. Edwards;
- Settlement Agreement won in the U.S. District Court for the Eastern
District of Virginia by Trial Lawyers for Public Justice, signed 1/11/1995,
requiring accommodation of chemically sensitive resident Melinda Lebens by
County Creek Association;
- Letter from Hal C. DeCell, HUD Assistant Secretary for Congressional and
Intergovernmental Relations, 1998, to Congressman Wally Herger for constituent
Barry Karr, stating that the Fair Housing Act does apply to rental and
owner-occupied housing including condominium units, apartments, mobile home
parks, and single-family homes;
- HUD-sponsored brochures (Grant # FH200G93-00012), published in February
- "Renting or Leasing Publicly Funded or Subsidized Housing"
- "Fair Housing: A Guide for Property Managers Using Non-Discriminatory
Practices for Tenants with Disabilities"
- "Low Cost-Low Tech Home Modifications for People with
- "What Do You Require When Looking for Accessible Housing"
- "Your Rights when Renting, Leasing, or Purchasing Private Sector
- Description of the process by which $700,000 was allocated in 1992 through
HUD's Section 811 Program to nonprofit corporation Marin Homes for Independent
Living for construction of an 11-unit MCS- and wheelchair-accessible apartment
house in San Rafael, CA.
On behalf of all of us with these and related accessible
housing requirements, thank you to the Civil Rights and Disability advocates
within HUD for their continued diligent efforts on our behalf.
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