Q: Can a landlord remove asbestos in a common hallway when tenants still live in their apartments?
Major renovations in progress in my building where we have hundreds of units. I work at home. The noise has been deafening and I have lost wages and work as a result. Now they have begun removing the ceilings in the common interior hallways dues to asbestos. Tenants still residing in their apartments will be exposed to toxic particles. We have asked for rent reductions and they have refused. In Marina del Rey.
A:
Under California law, landlords are required to follow strict regulations when it comes to asbestos removal to ensure the safety of tenants. Here are some key points:
1. Proper notification: The landlord must provide written notice to all tenants about the asbestos removal project, including the location, dates, and times of the work.
2. Licensed professionals: Asbestos removal must be performed by licensed contractors who are certified by the California Contractors State License Board (CSLB) and follow all state and federal regulations.
3. Containment and safety measures: The work area must be properly contained to prevent the spread of asbestos fibers, and air monitoring should be conducted to ensure the safety of the tenants.
4. Tenant safety: Tenants should not be exposed to asbestos during the removal process. If the work cannot be done safely with tenants present, the landlord may need to provide alternative accommodations or temporarily relocate tenants.
5. Rent reduction: If the asbestos removal work causes a significant disruption to your use and enjoyment of the rental unit, you may be entitled to a rent reduction. However, this is determined on a case-by-case basis.
If you believe that your landlord is not following proper asbestos removal procedures or is putting your health at risk, you can:
1. Contact the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) to report the situation and request an inspection.
2. Reach out to a local tenant rights organization or legal aid service for advice and assistance in communicating with your landlord or pursuing legal action if necessary.
3. Document the situation, including any correspondence with your landlord, photos, or videos of the work being done, and any health issues you experience as a result of the asbestos removal.
It is crucial that your landlord prioritizes tenant safety during asbestos removal and follows all required regulations. If they fail to do so, you may have grounds for legal action.
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