Multi-Family Needs Assessment Limited ACM Survey
Many areas throughout the Greater Detroit Area and Michigan have older buildings that have Asbestos Containing Material ranging from Cement Boards, Surfacing Material, Masticks, Fire Proofing and Thermal System Insulation just to name a few. Over the years countless renovations take place. Most of which go without any consideration for Hazardous Materials because the work is performed by building maintenance staff. Unfortunately these activities unleash Asbestos Containing Material (ACM) into the environment within the building and there they lay in wait to come in contact with the buildings occupants.
The liability potential if ever exposed will have your insurance company running for the hills and you as the landlord exposed. Here's how it works:
A landlord is not under an "absolute" obligation to remove asbestos. A landlord is under an obligation to notify tenants of the presence of asbestos. If asbestos is present and poses a risk, a tenant could, among other things, legally force the landlord to choose between removing the asbestos or losing rent. Now, consider current events in places like Detroit where the BSEED is requiring rental registration and Lead Based Paint Inspections. With a movement to provide a higher standard of living for tenants we are moving into a new era of "responsible ownership".
Federal Regulation of Asbestos
Federal OSHA (Occupational Safety and Health Administration) laws apply to all states. Under OSHA regulations, a residential landlord is required to make his or her building safe from asbestos if he or she employs more than 10 people or he or she hires independent contractors to make repairs. Under OSHA regulations, it is also assumed, that any building built before 1981 has asbestos in it. Therefore, the only way a landlord is not required to test for asbestos is if the building is newer or if the landlord does absolutely all repairs him or herself. Which is highly unlikely in most scenarios.
Now the presence of Asbestos does not automatically require removal. However it's presence and location needs to be managed to ensure the safety of all occupants including workers and tenants. Tenants have rights, workers have rights and you've got a business to run. We get it. PCI is here to help mitigate the landlord's potential liability for money damages to the tenant or worker which can be quite high under certain circumstances that would open you up to a potential Chemical & Toxin Exposure Injury Claim.