An elderly Portland couple say they have been forced to wear gas masks just to step outside their longtime home after a neighbor allegedly installed a tiny house with a chemical toilet that unleashed overpowering sewage and chemical fumes.
John and Trudy Benjamin filed a lawsuit in Multnomah County Circuit Court on May 8 seeking $250,000 in damages from their neighbor, Karen Ward, over what they describe as a months-long ordeal that has left them unable to open their windows, garden, dry clothes outside or even walk to their front door without respirators.
The complaint alleges Ward moved a tiny home on wheels onto her property in Parkrose Heights and allowed a tenant to live there without connecting its chemical toilet to the city's sewer system.
According to the lawsuit, the odor grew so strong that it seeped into the Benjamins' home unless they kept every door and window shut.
The fumes were allegedly so intense that 77-year-old John Benjamin suffered dizziness, nausea and breathing problems that caused him to fall and seriously injure his knee.
He underwent surgery to remove a bone fragment from his kneecap and also experienced 'extreme, life threatening spikes in his blood pressure,' the complaint states.
The couple says they have incurred about $35,000 in medical bills and spent an additional $150 on air filters and respirators to avoid 'falling unconscious' while using their property.
Their medical provider has advised them to leave their home until the odor problem is resolved, according to the lawsuit.
John and Trudy Benjamin say they were forced to wear gas masks just to step outside their Portland home after fumes from a neighbor's tiny home's chemical toilet, pictured above, allegedly filled their property with noxious odors
The couple claims the smell was so overpowering that 77-year-old John Benjamin collapsed, injured his knee and required surgery, while doctors advised them to leave the home they have lived in for more than 40 years
Karl Anuta, the Benjamins' attorney, told the Daily Mail that his clients 'just want to be able to use the property they have lived at for 40 years, without being sickened or having to wear industrial-grade respirators when they are outside.'
Trudy, 67, told OregonLive that the arrival of the tiny home was 'life changing.'
The retired engineer said the odor ruined what she and her husband had long considered their 'slice of urban paradise.'
'Modern porta-potties don't stink,' she told the outlet. 'But this thing does.'
The Benjamins said they repeatedly complained to Ward and that the City of Portland inspected the property and cited it for violating city code because the occupied tiny home was not connected to sewer and water services.
Under Portland regulations, occupied RVs and tiny homes with toilets, sinks or showers must be connected to potable water and sanitary sewer services.
Karl Anuta, the Benjamins' attorney, told OregonLive that he suspected bleach may have been used to mask the odor.
When chlorine bleach mixes with ammonia in urine, it can create chloramine gas, which health officials warn can cause serious injuries.
Anuta said the couple emailed Ward repeatedly beginning in October, but the smell allegedly persisted despite assurances that the toilet was being pumped and efforts were underway to connect the tiny home to the sewer system.
Their attorney, Karl G. Anuta, said the Benjamins simply want to enjoy their property without being sickened or having to wear industrial-grade respirators outdoors.
The lawsuit accuses neighbor Karen Ward of allowing a tenant to live in the wheeled tiny home (pictured) without connecting its toilet to Portland's sewer system, in violation of city rules.
The Benjamins are now suing neighbor Karen Ward for $250,000 and asking a judge to remove the tiny home or require it to be connected to the city's sewer system
In an email to OregonLive, Ward said the tiny home came with an 'RV toilet' and 'portable septic tank' and that both were removed in late April. She said any contaminated soil would also be removed.
But the lawsuit alleged that the tiny home remains occupied and that the smell and fumes continue to make the couple nauseous.
The complaint accused Ward of nuisance, trespass and negligence and alleges she failed to properly maintain the toilet, instruct the tenant, respond to city violations and clean up any contamination.
In addition to damages, the couple is asking the court to prohibit use of the tiny home until it is connected to the city sewer or, alternatively, order it removed within 10 days and require cleanup of any chemical contamination.
The Benjamins, who have lived in their home for more than 40 years, said they are also worried that the fumes could affect children at nearby Sacramento Elementary School.