Tenants Rights?

Started by JeanS1 • 6 replies • 3648 views

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JeanS1 (California)
Posts: 23

Posted:

Our building has just completed a re-piping project. At a special meeting in which all residents were required to attend, one of the tenants questioned whether the building had asbestos. The tenant was informed that when a ceiling in one of the units had collapsed, an asbestos testing was performed. A report was provided with the results stating that no asbestos was present.

Just after the re-piping project began the tenant refused to allow the contractor and the management company representative into his unit to make an inspection of the needs of that unit.
After pressure was put on the the owner of the unit to require the tenant to allow the inspection, "someone" called OSHA and asked for an inspection for asbestos, even though test results from the previous inspection were provided. This put a halt to the project until it was determined again that the building was free of asbestos.
As a result of all of this, the association incurred many legal fees.

My question is this: Can any tenant call OSHA and ask for an asbestos test in the apartment building in which he resides? or must it be the owner? Whether it was the owner or the tenant of a specific unit, can the Association go after that unit owner for costs incurred?

What do you think?

Jean

JonD1
Posts: 2,350

Posted:

OSHA would take a call from anyone they would not question whether the person owned or rented.

As to who called and if you can take legal action you would need to be able to prove who in fact called and then ask a lawyer if your costs were such as you could seek reimbursement from those responsible.

IF the caller claims they had a legitimate over the possibility of asbestos being present I would think it would be difficult to force them to repay your legal costs.

Sort of the price in doing business.

Its a pity whoever called acted in this manner but some folks don't consider any costs when THEY aren't required to pay.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Jean,
Fess up, why did calling OSHA result in an increase in legal fees?

TracieS (Colorado)
Posts: 460

Posted:

My thoughts, exactly, RobertR1.

I'm thinking "legal fees" could have been avoided if a certifed test were provided, first to OSHA. Then, to the opposing council. Then, to the court.

But, the others are right. All agencies faced with any type of enforcement will take a call from anyone...tenant...random stranger.

There is more to the story.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Tracie,
Your: ()There is more to the story.)

I know it is not always true, but it just seems that way at times.

But when you think about it, if I was doing the asking, and I have, I suppose I put some spin on things, same as replying to posts.

Very little of what we see here has all the pieces to the puzzle.

The main reason for some over long posts and over long threads.

Thanks,

KirkW1 (Texas)
Posts: 1,665

Posted:

First, lets put to rest what you are thinking. You are not going to be able to recoup your legal fees from this tenant. Save yourself the cost of hearing this from your attorney. In fact, you would do well to keep in mind that this could have been anyone and quite likely the call came from someone working there.

Second, someone hit the nail on the head telling you to fess up. If you had adequate testing already then it should have been as simple as showing the results of the test. And if you incurred fees arguing with OSHA over the adequacy of the previous test, that is not the responsibility of the person calling OSHA.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By JeanS1 on 08/28/2009 2:10 PM
Our building has just completed a re-piping project. At a special meeting in which all residents were required to attend, one of the tenants questioned whether the building had asbestos. The tenant was informed that when a ceiling in one of the units had collapsed, an asbestos testing was performed. A report was provided with the results stating that no asbestos was present.

Just after the re-piping project began the tenant refused to allow the contractor and the management company representative into his unit to make an inspection of the needs of that unit.
After pressure was put on the the owner of the unit to require the tenant to allow the inspection, "someone" called OSHA and asked for an inspection for asbestos, even though test results from the previous inspection were provided. This put a halt to the project until it was determined again that the building was free of asbestos.
As a result of all of this, the association incurred many legal fees.

My question is this: Can any tenant call OSHA and ask for an asbestos test in the apartment building in which he resides? or must it be the owner? Whether it was the owner or the tenant of a specific unit, can the Association go after that unit owner for costs incurred?

What do you think?

Jean

A 'report' by whom was provided? From a certified licensed bonded insured asbestos remediation company? From an independant testing agent? From the original plumber doing the 'repipe'?

Asbestos testing and or remediation is VERY VERY VERY time and labor intensive. Not to mention $$$$.

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