Asbestos Exposure in Apartment

August 6, 2008

Whittier, CA Although Ryan M. and his family haven't been diagnosed with an asbestos-related illness, he is still concerned. "The problem with asbestos is that the injury shows up years later but my whole family has been exposed to asbestos," says Ryan.



Ryan found asbestos in his rental apartment indirectly. The building was riddled with toxic mold and the building owner's mold inspector found some paper in Ryan's return air duct that he suspected was asbestos. "The owner and her inspector picked up the paper and tore it and returned the remnants back to the return air-duct—they took the other part to be tested," he says. Or so he thought. And Ryan didn't even know what the paper was doing there in the first place.



"One week later, the owner said the results were all clear. I asked them for documentation of the results," says Ryan. Negative. Two weeks later I asked them again if the paper was tested. This time, the owner said it wasn't tested because they had the building tested for asbestos when it was purchased--about 10 years ago. (She owns 30 buildings in California, and this building is about 40-50 years old.)



Great. I brought out a certified asbestos inspector, which I paid for. The results of the test indicated three percent crystallite asbestos My inspector said it was hazardous and there was no reason for this paper to be in the return air duct.



We also took an air sample—it came back at .0096 percent. At .01 percent, the Occupational Safety and Health Administration (OSHA) says it is dangerous to be in that environment, which means our apartment is critically close to the danger level.



The owners have likely exposed us to dangerous levels of asbestos by Just ripping the paper in front of me without any containment. And a second exposure may have occurred from illegal construction without a permit. The owners did extensive renos in August, 2007. I called building and safety—the municipal department for our city—and they confirmed there were no permits issued for the renovation so the reno crew were shut down.



During construction, the Contractors removed stucco and wood which may have contained asbestos. As well, it was disclosed in our environmental addendum that asbestos is located in some areas of exterior paint. The debris from the construction is still lying all over the property approximately three months after the end of construction; it may or may not contain asbestos. I believe they have been given orders not to touch it until they are allowed to do so, but I do not know for sure because no one will give me answers.



I started to get a bad cough a few months later, around December, 2007. My wife and children also suffered from breathing issues but I was getting worse and saw a doctor at my medical school—I was a first year med student. I was under so much stress from this situation that I couldn't continue my studies.



Next up, the landlord served us a three-day notice to 'procure or quit': he wanted to come into our apartment and fix a structural defect or we would be evicted. I want them to fix it—legally. They still don't have a permit and there is asbestos in the popcorn ceiling. When they served the three-day notice I called building and safety again and asked about the permit. The only permits they ever had were to replace the stairs.



This is the situation today: My air ducts are filthy and contaminated with asbestos. We can't afford to move and I can't afford further testing to determine if my family has been exposed to dangerous levels of asbestos. I need vacuum samples of our furniture and personal property to determine if it is contaminated. Meanwhile, I'm in limbo. They aren't even following inspection rules—recommendations are written by government agencies but they haven't been followed or enforced.





I'm paying $1700 for this apartment and my wife is meticulous; the place is spotless.



I believe that many people in my building will come forward with the same concerns if they have representation because many are afraid of the unconcerned and unhelpful property management company. There are many children who live in this property; there are also elderly and pregnant. And many people are moving due to these toxic issues. We would really appreciate some answers."