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Air quality has become the buzz issue of the 90s in America, particularly in hotels, commercial and office buildings. It is estimated that nearly 25% of the commercial buildings in the U.S. have what has come to be called "Sick Building Syndrome"; air quality that causes discomfort, eye irritation and respiratory difficulties.
Air quality problems are usually caused by poor ventilation, high temperatures and humidity, coupled with the existence of bacterial, organic, chemical and mineral pollutants. They may all be traced, by personal injury lawyers, to a failure to disclose contaminants and provide adequate air handling equipment, or something as simple as a failure to repair or perform routine HVAC maintenance.
The warranty of habitability, either contained or assumed in any rental agreement, requires a tenant's ability to use the property safely for its intended use. A prudent landlord will disclose any known defects in a building which may affect the tenant's quiet enjoyment and make every reasonable effort to change filters and maintain equipment in a timely manner.
In recent years, government has made it illegal to smoke in enclosed public places; therefore landlords must also take steps to place restrictions on smoking in common areas.
The Fort Pierce (FL) Housing Authority has recently banned smoking in private apartments in all public housing in St. Lucie County. A bill (S-580) before the Massachusetts State Senate would require that 75% of all units of public housing be reserved for nonsmokers. Apartment hunters have noted an increasing number of rental ads for "nonsmokers only." In fact, tenants have even been sued for smoking in their own co-op apartments.
Asbestos is a generic term used to describe certain naturally occurring minerals found in the environment. The ancient Greeks were the first to discover the fireproofing and insulating properties of asbestos, but they knew nothing of the mineral's dangers. The word asbestos is derived from a Greek adjective meaning inextinguishable. The Greeks called it a "miracle mineral" and it was admired for its soft and plain properties and the ability to withstand heat. It is distinguished from other materials by the fact that its crystals form long, thin fibers which can be woven and used to strengthen other materials, but can also be inhaled into the lungs.
When asbestos is inhaled, the fibers can cause asbestosis, a stiffening of lung tissue that contributes to heart decease and lung cancer. As a result, asbestos that is present in the air of a building in excessive quantities, poses a serious health risk. If prudent landlords discover that asbestos is present in a building they own, they must devise an appropriate response to the problem or they open themselves to claims of negligence.
The greatest danger in rental property comes from materials containing "friable-asbestos" (easily crumbled). That form is usually found in pipe wrapping, acoustic ceilings, caulking, joint and speckling compounds. It may also be found in sprayed or blown in insulation used from 1935 to 1978. That kind of insulation was often as much as 50% asbestos.
The early recommended response to the dangers of asbestos was removal; but that proved both costly and often exacerbated the problem. The preferred solution for the past several years has been containment. Now a team of researchers has developed a new way to deal with asbestos - by easily changing its chemical composition so that it is no longer asbestos.
See our pages on asbestos.
Check with EPA or your local health Department. Carbon Monoxide, CO, is a poisonous gas produced when fuel burns incompletely. Appliances like, gas and oil stoves, fire places, and gas or kerosene space heaters, emit CO. As long as the appliances are working the correct way, the dangerous gas flows into a chimney or other venting system. In the event of blockage or negative pressure on the venting system, CO builds up and seeps into the building.
Depending on the concentration, death from CO can occur in a very short time. The gas is invisible, tasteless and odorous. If a gas buildup occurs while residents are asleep, they can lose consciousness before noticing anything wrong. When awake, there are early symptoms such as headache, dizziness, or nausea. If a victim mistakes them for flu or another cause they may not take appropriate action in time.
Fortunately, there are now detectors than can be installed in housing to help prevent CO poisoning. Unfortunately they are still relatively expensive, but they should be considered by any landlord who can afford them. If not, be sure to do an annual check for proper venting on all heating appliances to be sure that there has not been deterioration, or that birds, squirrels, or other visitors have not plugged venting systems. See the RHOL Detector Page for models and prices.
The Consumer Product Safety Commission advises property owners to check regularly for carbon monoxide leaks. Carpenter Ants ants, vary in size and color but are usually large (1/4-1/2 inch) and blackish. Occasionally, swarms of winged carpenter ants will emerge inside a building. The ant swarms usually occur in the spring and are a pretty good sign that a colony is nesting somewhere inside the structure.
Carpenter ants damage wood by hollowing it out for nesting. The galleries they excavate in wood will have a smooth, sandpapered appearance. Wood that is eaten away by carpenter ants does not contain the mud-like material associated with termites. Shredded fragments of wood, similar in appearance to coarse sawdust, are ejected from the galleries through preexisting cracks or slits made by the ants. When such accumulations are found (typically containing dead ants and bits of insects which the carpenter ants have eaten), it's a good indication that a carpenter ant nest is nearby. Oftentimes, however, the excavated sawdust remains hidden behind a wall or in some other concealed area and you don't discover the problem until the weakened condition of the wood manifests itself.
Cockroaches are now believed to be second only to lead based paint as a potential health risk to children in many urban areas. It has been determined that more than 8% of inter-city children have asthma; double the rate for urban residents nationally and about the same percentage as children with elevated blood lead levels.
Medical researchers know that it is antigens in the environment that contribute to asthma in children. Proteins in the droppings and carcass of Blattella Gemmanica, the German Cockroach, contain antigens which are now believed to be the most powerful in poor children's environment.
Most states require landlords of dwellings containing 2 units or more to maintain the property free from rodents, cockroaches and insect infestation. State landlord tenant law usually makes owners of multi-unit buildings responsible for extermination and therefore legally libel for damages if negligence can be proven. We discuss the subject in some depth on our Cockroach page.
Contaminated soil. A large number of properties, world wide, now contain dangerous levels of hazardous substances (e.g., asbestos, carcinogens, dioxins, lead, pesticides, defoliants or radioactive wastes.) Because of the magnitude of the problem, most lenders now require at least a level one environmental survey before they will finance real estate. Many landlords mistakenly believe that they need not concern themselves with environmental issues because they do not buy old gas stations, dry-cleaners or factories, and are not involved in environmentally hazardous activities, like chemical manufacturing. It would be wonderful if it were that simple to discern potential contamination ... or liability.
Some properties may well contain buried and long abandoned septic or fuel oil tanks. Others may be located in the proximity of land that was used in an environmentally unsound manner and contaminants may have leached into the soil and migrated to adjacent properties.
Soil contamination is now one of the most serious considerations that affect value in land purchase or sale.
Electromagnetism Extensive recent studies indicate that electromagnetism, in the quantities associated with overhead power lines, is not a likely cause of cancer in children as had been earlier reported.
Fleas Among the reasons that many landlords prohibit pets is the odor and flea infestation that is often left behind by departing tenants. There are several new ways to combat odor, from using plastic sheeting between the carpet and pad that prevents urine penetration, to chemical treatments that change the shape of molecules. (See rental stink) Fleas too can be almost as costly as they are frustrating because a flea bitten prospective tenant will quickly flee .. with their money.
Fleas cause discomfort and irritation to people as well as pets and even a single flea bite to a new tenant checking out your unit can often cause intense itching and irritation.
The life cycle of fleas is about 21 days, so ridding a rental of them is a several step process that takes at least two weeks or more to accomplish. We also found a list of all natural ingredients that will control fleas on a pet that landlords may want to share with tenants. Just mix up a batch of: Garlic, Brewers Yeast, Whey, Calcium, Phosphate, Bone Meal, Sodium Chloride, Magnesium Stearate, Silicone Dioxide, Liver, Magnesium Oxide, Selenium Aspertate, Vitamin E Acetate, Vitamin A, Vitamin D, Copper Gluconate, Manganese Gluconate, Zinc Oxide, Vitamin B12, Folic Acid and Biotin. Lead has been used by man for at least 5,000 years. The first recorded use was by Romans who mined and used it in the fabrication of sheet lead and pipe for their elaborate aqueduct systems. They also utilized it in wine casks and eating utensils. Some historians believe that the Romans may have actually fallen victim to their progress and their society's decline may be attributable to massive lead poisoning among the population.
The basic "Dutch Boy" process for producing "white lead" has been known for centuries. Most of the white lead produced in this country prior to 1977 was used in residential paint. Estimates indicate that as much as 50,000,000 tons of this poisonous substance was applied to American homes prior to its ban in 1978. By contrast, Europe banned the use of lead paint in residences in 1921.
Lead based Paint. If you own four or more residential units, the federal government mandated that you begin disclosing known lead-based paint and lead-based paint hazards in your rental dwellings after September 6, 1996, and provide reports containing that information to all present and future tenants.
Landlords also had to begin giving renters a federal pamphlet titled Protect Your Family From Lead in Your Home. Home sellers and owners of less than four units are subject to the same regulations beginning December 6, 1996.
All leases, rental and real estate sales agreements, must also begin including certain language to ensure that disclosure and notification actually takes place. The government made landlords, sellers and real estate brokers share responsibility under the new law for ensuring compliance. See a sample lead paint lease addendum on our forms page.
In 1992 the US Congress passed the Residential Lead-Based Paint Hazards Reduction Act, which requires landlord and seller disclosure in connection with the rental or sale of pre-1978 dwellings. The law directed the US Environmental Protection Agency and HUD to issue regulations to implement those requirements. EPA and HUD finally issued the regulations in March of this year. You can read the rules on our lead pages.
You can get copies of the regulation and the information pamphlet that must be given to renters of pre-1978 buildings in the RHOL Forms Web or by calling the National Lead Information Center at (800) 424-LEAD. Or fax orders to (202) 659-1192.
Also see: Latest on Lead | Lead Update | Lead Talk | Lead, Lawyers and Landlords DISCLOSURE REQUIREMENTS FOR SELLERS, LANDLORDS AND THEIR AGENTS FOR ALL PRE-1978 HOUSING. Lead Help Online Lead containing mini-blinds Three North Carolina counties have each reported a lead poisoning case where at least one source of lead exposure has been identified as mini-blinds in the home. The Arizona Department of Health Services has also found mini-blinds to be a source of lead poisoning in at least one case.
Laboratory tests have led some Pubic Health officials recently to concluded that imported plastic mini-blinds contain high levels of lead. The blinds they tested had been imported from Mexico and southeast Asia. They are made of materials that break down and shed dust which contain high levels of lead.
Small children are at the highest health risk and are also most likely to chew on blinds or handle them and then put fingers in their mouths.
Prudent landlords will warn parents in writing and take whatever steps and precautions that are appropriate. Mold has become the hottest environmental topic of the year and lawsuits are costing BILLIONS!
. Some species of mold spores can be highly toxic and dangerous to humans, particularly Stachybotrys Chartarum. Fungi are always evolving and new, stronger strains of killer molds are found every year in our environment; a difficult and persistent a problem for rental property managers.
However, getting rid of mold doesn't need to be difficult and expensive. All molds, even the toxic-causing ones in small quantities, can be cleaned up with a mild bleach solution. (Never scrape dry mold; that sends potentially toxin-carrying spores flying.)
Most people never realize that toxic molds are present in a home because they clean them up before they have a chance to grow big enough to present a hazard. All black mold is not necessarily Stachybotrys. However, the dangerous fungi cannot be identified by a routine inspection. The only method to determine the type of mold present is with sample analysis by an accredited laboratory. It is also important to keep in mind that the mold is only a toxic a risk for hazard if a person breathes or comes into contact with spores. Wet mold is not an indoor air quality health risk, but there is significant potential for the mold to dry and released into the air.
No matter what type of mold is in a home, safety depends on the size of the infestation. If there's a black mass more than 2 ft. sq., or if the mold has gotten into the carpet, insulation or drywall, remove these materials and reduce incoming moisture before replacing them. Mold and mildew test kits are now widely available at home and building centers. Or, contact a mold-abatement expert; look in the yellow pages under "Flood Damage" or "Asbestos Removal.
For information about eliminating conditions of excess moisture that has can encourage mold growth and create other problems, visit our Moisture page.
One of the quickest and most effective ways to kill toxic mold may be to apply a controlled amount of ozone generated by a small machine over a few hours time. You don't even need to move tenants out while the unit is treated. In fact, humans will experience much cleaner, more invigorating air as the machine does it's job. See our page on Ozone Generators
There is some real bad news for landlords and property owners, however. Trial lawyers have discovered that they can turn mold into millions. There is so much news and litigation on the subject of toxic mold that we have a new page you should read right away. Click Here for the Toxic Mold Update. Radon. Radon is an element that generates radioactivity. It is a naturally occurring gas that cannot be smelled, seen or tasted and that is sometimes found in excessive quantities in the soil. The EPA considers Radon a dangerous carcinogen responsible for 14,000 deaths a year in the U.S. alone.
Acceptable levels of radon are less than 4 picocuries per liter of air. If radon is present in dangerous levels, landlords must address the problem because it presents a health issue, particularly in small or tightly enclosed spaces. Redemption could require:
- Sealing radon entry routes
- Adequate ventilation
- Soil depressurization
Refrigerants in appliances and cooling systems may contain clorofluorocarbons (CFCs) and hydroclorofluorocarbons (HCFCs). Both chemicals are now regulated by the EPA and there are rules for their handling, disposal or recycling. The rules require a plan for maintenance, repair and eventual conversion. The requirements and their cost must be considered when appraising, purchasing or selling real estate that includes such equipment and personal property. Termites Of some thirty or so insect orders, termites are the only one in which all species are categorized as highly social or "eusocial". No one knows exactly how long termite queens live, but many are known to live at least ten years and records of some long lived mounds suggest a longevity of over 40 years. Other insects have long lived immature stages but termites appear to have the longest lived adult reproductive lives.
Termites can be likened to cows, "micro-bovids" or "mini-ruminants", since they have a hugely modified, multi-compartmented gut, for digesting a cellulosic diet, which may include any wood portion of your building. .
Progress?
- Cost of asbestos pipe insulation for the average house in 1927 ..... $16
- Cost of asbestos removal and disposal from same house in 1998 ..... $1,800
- Cost of lead-based paint for two windows in 1927 ..... 53¢
- Cost of lead paint abatement for two windows in 1998 ..... $450
- Number of U.S. children with unsafe blood levels of lead, 1.7 million (1 out of 11)
- Year lead-based paint was outlawed in U.S. ..... 1979 (50 years earlier in Europe)
- stimated number of dwellings in U.S. containing some lead paint, 64 million
- Lead-paint abatement in Federal budget FY 1996 ..... $65 million
Abatement funding in Clinton's FY 1997 budget ..... $60 million
- Materials to build a six-room, one-bath house in 1927 ..... $2,025
Demolition and disposal of a six-room, one-bath house in 1998 ..... $8,500
Resources Office of Prevention, Pesticides and Toxic Substances (EPA) Information, Rules, Regulations, and Legislation.
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