An elderly Portland couple claims they have been compelled to wear gas masks just to step outside their longtime residence after a neighbor allegedly installed a tiny house with a chemical toilet that released overpowering sewage and chemical odors.
Lawsuit Filed Over Noxious Odors
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. The couple describes a months-long ordeal that has left them unable to open windows, garden, dry clothes outdoors, or even walk to their front door without respirators.
The complaint alleges that 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.
Health Impacts and Medical Bills
According to the lawsuit, the odor became so strong that it seeped into the Benjamins' home unless every door and window was kept shut. The fumes were allegedly so intense that 77-year-old John Benjamin experienced dizziness, nausea, and breathing problems, causing him to fall and seriously injure his knee. He underwent surgery to remove a bone fragment from his kneecap and also suffered '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.
City Code Violations
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.' The Benjamins said they repeatedly complained to Ward, and 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.
Attorney's Statement
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.' Anuta also told OregonLive that he suspected bleach may have been used to mask the odor, which can create chloramine gas when mixed with ammonia in urine, causing 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.
Defendant's Response
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. However, the lawsuit alleged that the tiny home remains occupied and that the smell and fumes continue to make the couple nauseous.
Legal Claims and Requested Relief
The complaint accuses Ward of nuisance, trespass, and negligence, alleging 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.
