Nassau New York Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations

State:
Multi-State
County:
Nassau
Control #:
US-OL10043BB
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Description

This office lease clause deals with asbestos and causing the landlord to remediate asbestos during initial alterations.

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FAQ

The plan for dealing with asbestos will depend on its current condition. If a survey reveals the asbestos is sound and best left undisturbed, a landlord has no legal obligation to act. Many tenants will be unhappy about the idea of asbestos in their home and it may be prudent to have the material removed.

Permissible exposure: Exposure to airborne asbestos fibers may not exceed 0.1 fibers per cubic centimeter of air (0.1 f/cc) averaged over the 8-hour workday, and 1 fiber per cubic centimeter of air (1.0 f/cc) averaged over a 30 minute work period.

You typically can't identify asbestos-containing material just by looking at it, unless the material is labeled. But, according to the United States Environmental Protection Agency (EPA), asbestos is often found in materials like: attic and wall insulation. vinyl flooring.

If you built the property, you must ensure there are no major defects, which include asbestos. If a tenant is reasonably affected by such defects, they can sue for compensation under tort law. The court can then order the landlord to carry out any work required to rectify the problem.

As a tenant, you have a right to a livable home. As asbestos is a hazardous substance, exposed asbestos must be dealt with by your landlord. The Occupational Health and Safety Administration (OSHA) has regulations to protect the right of tenants by placing duties on landlords themselves.

Use of asbestos was banned in the UK in 1999 but you can still find it in many properties. Landlords should assume that asbestos is present in all pre-2000 buildings. If it's in good condition and not damaged or disturbed then it shouldn't present a risk.

Once airborne, the fibers can be inhaled and become lodged in the lungs, creating scar tissue. Decades later, more serious health concerns may arise, including cancers like mesothelioma or lung diseases like asbestosis.

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Nassau New York Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations