Protecting Your Health and Rights: What Suffolk County Tenants Need to Know About Asbestos in Apartment Buildings

Living in an apartment building constructed before 1981 in Suffolk County comes with unique challenges, particularly regarding asbestos exposure. Before the 1980s, asbestos, a cancer-causing mineral, was used extensively in the construction industry. While the substance is now banned in new construction, many older buildings and rental properties still contain the lethal substance. Understanding your rights as a tenant and your landlord’s responsibilities is crucial for protecting your health and ensuring safe living conditions.

Understanding Asbestos in Suffolk County Apartment Buildings

More than likely, if your rental property was built before the 1980s, it was constructed using asbestos-containing materials such as floor tiles, insulation, and drywall. Asbestos products are generally safe until they’re disturbed, damaged, or removed unsafely. When this happens, microscopic asbestos fibers can be released into the air and inhaled or swallowed. This exposure can lead to serious health conditions including mesothelioma and asbestosis.

While it may be difficult to identify asbestos, as its fibers are microscopic, if you notice a patch of crumbling drywall or cracked floor tiles in your apartment, that could indicate asbestos exposure. Asbestos can be safely contained for several years; however, once building materials, like floor tiles, become cracked, there is a high probability asbestos fibers are released into the air, causing health risks once inhaled.

Your Rights as a Suffolk County Tenant

As a tenant in Suffolk County, you have significant protections under both federal and state law. Landlords have a duty under most states’ laws to provide tenants with livable rentals. This duty—called the implied warranty of habitability—exists even when it’s not explicitly mentioned in a lease or rental agreement. Under the implied warranty of habitability, every tenant has a right to live in a rental that meets basic health and safety standards, including a rental free of significant health hazards like asbestos.

When it comes to asbestos in a house or apartment, a landlord in New York has a legal responsibility to obey federal and state regulations. These regulations generally require landlords to: Test for asbestos in the walls or other components of a rental building. Warn tenants and potential applicants about the presence of asbestos on the property. Safely remove asbestos from a rental property.

Suffolk County landlords of buildings with three or more apartments also cannot refuse to rent to you because of the source of your income (for example, Section 8 Voucher, DSS’ Shelter Supplement Program, Public Assistance). If you believe that a landlord has discriminated against you for this or any other reason, you can complain and file a grievance with the Suffolk County Human Rights Commission at 631-853-5480.

Landlord Responsibilities Under Federal and State Law

The Occupational Safety and Health Administration (OSHA) outlines federal requirements for landlords of older buildings. OSHA requires all owners of buildings constructed before 1981 to locate any existing asbestos and follow certain safety guidelines when doing renovations or repairs. If you believe there are damaged asbestos-containing materials in your rental and it was built before 1981, your landlord is required to work with a licensed asbestos professional to test the product and determine if it needs to be removed.

If the landlord is asking workers to perform work that may disturb asbestos, they generally should warn tenants about the work and block off the area to prevent contact with the debris. If the landlord is undertaking a major renovation or repair in a pre-1981 building, they need to test for asbestos and minimize the exposure of tenants by using careful procedures and keeping them away from hazards.

A contractor shall post or otherwise provide for written notification to residential and business occupants of a building ten days prior to the commencement of work on any asbestos project in the building. The notification shall be made in such a manner and shall contain such information as is reasonably necessary to advise such occupants of any asbestos project in the building, according to regulations promulgated by the commissioner.

What to Do If You Suspect Asbestos in Your Apartment

If you suspect asbestos in your Suffolk County apartment, take immediate action. If you believe that your rental home or apartment contains asbestos, notify your landlord right away. Request official testing to be done if your landlord is denying the presence of asbestos without ever having paid for professional testing. If it looks like the material is breaking or coming apart, you should contact your landlord immediately, as you might be at risk of asbestos exposure.

The only way to definitively know is to have samples of the material in question analyzed. You should contact a New York State Department of Labor licensed asbestos abatement contractor. The New York State Department of Labor website provides a list of licensed Asbestos Abatement contractors by name and zip code.

Professional Asbestos Abatement Services

When dealing with asbestos issues in Suffolk County, it’s essential to work with licensed professionals who understand both the health risks and legal requirements. Companies like Green Island Group specialize in providing comprehensive environmental remediation services to residents throughout Nassau, Suffolk, Queens, and NYC. Green Island Group provides environmental, remediation, and demolition services to residential, commercial, and public customers in New York State. We follow NYS, NYC, and USEPA regulations to ensure proper removal and protection of workers and occupants.

For residents seeking professional Asbestos Abatement Suffolk County NY services, Green Island Group Corp. specializes in asbestos abatement, demolition, and environmental remediation services for residential, commercial, and public clients in New York State. The company is a certified minority and woman-owned business, committed to following NYS and NYC regulations for safe practices.

Your Legal Options and Protections

If a landlord violates any of the laws pertaining to the maintenance and safety of a rental unit, he or she may be found liable for related tenant injuries and illnesses, including mesothelioma and asbestosis from asbestos exposure. Tenants can file an asbestos lawsuit if their landlord fails to address the issue.

Tenants who suspect that their rental contains asbestos could potentially argue that because asbestos poses such serious health risks, its presence is a breach of the implied warranty of habitability. This argument is more likely to be successful if the tenant has evidence that the rental has deferred maintenance or serious wear and tear that indicates possible airborne asbestos. When a landlord breaches the implied warranty of habitability, the tenants might have the right to break their lease, move out, withhold rent, and sue the landlord for damages.

Sometimes tenants need to move out temporarily if they cannot adequately protect themselves from asbestos during renovations or repairs. The landlord should cover the costs of your temporary housing if you move out.

Staying Safe and Informed

Knowledge is your best protection when it comes to asbestos exposure in Suffolk County apartment buildings. Unfortunately, many tenants find they live with asbestos and don’t recognize the signs until it affects their health. Long-term asbestos exposure could result in life-threatening illnesses, such as, Asbestosis – a chronic lung disease, and Mesothelioma – a rare and aggressive cancer. Mesothelioma risk factors are based on the length of exposure, age, and lifestyle choices; however, the primary cause is long-term asbestos exposure.

By understanding your rights, recognizing the signs of asbestos-containing materials, and knowing when to contact professionals for testing and abatement, you can protect yourself and your family from the serious health risks associated with asbestos exposure. Remember that landlords have legal obligations to maintain safe living environments, and tenants have the right to demand proper testing, notification, and professional remediation when asbestos is present in their homes.