If your building was constructed during or before the early 1980s, there’s a chance there’s asbestos in it. Asbestos is a mineral fiber that’s been used in thousands of products for hundreds of years. Some of those products were used in residential homes and apartment buildings. Asbestos is a public health hazard because exposure may lead to chronic and fatal conditions, so it’s best to avoid being around it.
What is Asbestos?
This mineral fiber is resistant to heat, fire, chemicals, and electricity. It’s extremely light and strong. The first documented use of asbestos dates back to ancient Greece. It was incorporated into products like flooring tile and mastics because of its strength. It’s in various types of insulation because of its heat and fire resistance. Some products accidentally contain it, like home insulations and talcum powder.
What Hazards Does Asbestos Pose?
Asbestos fibers are so strong and durable that if you inhale or ingest them when they’re in the air, your body may never eliminate them. Instead, these fibers destroy cells surrounding them as part of the body’s immune response.
This can lead to scarring, inflammation, and, over years or decades, severe breathing problems, genetic mutations, and fatal types of cancer. Even relatively small amounts of asbestos can lead to mesothelioma, an aggressive and fatal cancer.
Are Asbestos Products in Apartment Buildings and Houses?
Asbestos use was largely stopped due to increasingly stringent regulations in the 1970s, though some asbestos-containing products are still for sale in the US. If the building is old enough, asbestos could be anywhere. It could be:
- On your roof in asphalt shingles
- On exterior walls in siding
- In the attic and walls, as part of blown-in insulation
- In your basement, in asbestos-impregnated paper wrapped around ductwork
- In floor tiles, wallboard, joint compound, and popcorn ceilings
- On steam pipes and boilers, if the building is big enough
The asbestos industry during its heyday was very good at marketing, so the fibers were incorporated into products that surrounded Americans for decades.
Must I Tell Tenants of Asbestos in the Building?
When state voters passed Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986), they set into motion a state law requiring businesses to warn Californians about significant exposure to chemicals and other substances that cause cancer, birth defects, or other reproductive harm.
Asbestos is a toxic substance covered by the law. If your business has less than ten employees, it’s exempt from Proposition 65’s warning requirements.
The federal government established what it considers safe levels of workplace asbestos exposure, but they don’t apply if the person’s exposed for more than eight hours a day. Your tenant may be in their unit three times longer. Arguably, there is no safe asbestos level, so a motivated tenant could argue any asbestos in their unit is significant.
There are no specific requirements for asbestos disclosure, like lead paint or mold, in state law. But also, under state law, your unit must be safe to live in. Potentially, asbestos makes it unsafe, and exposure in a rental unit could be grounds for a tenant’s claims you violated their right to quiet enjoyment of the unit and is a basis for constructive eviction.
What Should I Do?
If you’re told there’s asbestos in your building, or you suspect it, it’s best to hire a licensed, insured, reputable abatement company to test the materials and take air samples in areas where tenants could be.
The asbestos-related product may be so isolated it doesn’t impact the tenants. The products may also be intact, so they’re not emitting fibers and are considered safe. You may also need to encapsulate or remove the asbestos to be safe. The abatement cost varies widely depending on how much material is involved and its location.
You should also contact AWB Law so we can discuss this situation and whether, given the circumstances, you’re required to disclose the problem to your tenants or others.
AWB Law is Here to Help
If you’re a residential landlord with questions or concerns about asbestos in your building or need legal representation, call the legal team at AWB Law at (949) 244-4207 or complete our online contact form today to schedule a consultation.
