Is That Apartment Hazardous to Your Health?
When you sign a lease committing yourself to a unit in an
apartment complex or building, you're agreeing to live in close
quarters with strangers. You're also making the assumption that
your building will be properly managed and maintained. That
includes such factors as air quality and adequate pest control.
As a tenant, you have rights, of course, but some of the most
serious threats to your health -- such as carbon monoxide -- are
ones you can't even see or smell.
Particularly scary is the prospect of seepage through soil. A
landlord's efforts to maintain his or her own property can be
nullified by pollution from a nearby commercial facility or
poorly maintained residential property. Chemicals such as lead,
pesticides can seep into the soil and find their way into the
water and air of tenants living in better-maintained properties
nearby. An environmental inspection is a landlord's best defense
against allegations or plummeting property values.
You've almost certainly heard of "Sick Building Syndrome," which
has almost become a cliche in recent years. While this condition
often is associated with office facilities, home environments
are not exempt from this plague by any means. Common symptoms of
Sick Building Syndrome -- including eye irritation and
respiratory difficulties -- may be traced to a variety of
sources in your apartment building, including your the paint on
your walls, a chemical used anywhere on the property (such as
toluene, for example), your air conditioning unit, clogged air
filters in need of changing, and/or the growth of bacteria
spurred by high humidity, poor maintenance or both.
If you're experiencing symptoms of Sick Building Syndrome on a
persistent basis, you should report them immediately to your
landlord. Your lease should include a clause in reference to
your landlord's obligation to see that such duties as changing
air filters are performed regularly. If it doesn't contain such
language, make sure you get it in writing before you sign a
lease. Furthermore, tenants should be entitled to regular
equipment inspection and timely maintenance.
Another air pollutant of which you should be aware is asbestos
-- again, usually associated with commercial properties, but
multifamily housing is not exempt. Within multifamily
properties, asbestos has been found in caulking, in material
wrapped around pipes, and in ceiling material. According to
environmental scientists, insulation installed in multifamily,
single-family and commericial properties between 1935 and 1978
contained as much as 50 percent asbestos. Insulation in the vast
majority of such properties has been replaced or contained;
however, some poorly maintained buildings continue to present a
threat to their tenants. When inhaled over a prolonged period,
asbestos can cause lung tissue to stiffen, contributing to lung
cancer and/or heart disease. Landlords who are notified after an
inspection that their properties contain asbestos must take
appropriate action, which includes disclosing this information
to present and prospective tenants.
Lead-based paint and other lead-containing materials (including
mini-blinds) also have received considerable attention in recent
years. The Residential Lead-Based Paint Hazards Reduction Act,
passed in 1992, requires landlords and sellers of pre-1978
properties to disclose the presence of lead-based paint or other
lead-based materials to prospective buyers or tenants.
The subject of numerous articles in recent years, carbon
monoxide is one of the most serious and most common air
pollutants present in multifamily housing. Fireplaces, gas or
oil stoves, or gas or kerosene space heaters are all common
emitters of carbon monoxide. The good news is that you can
protect yourself by purchasing a carbon monoxide detector. You
can't always assume that your landlord has purchased one because
these detectors are somewhat expensive. By all means, ask.
Chances are good that you're going to have to take matters into
your own hands and purchase one yourself. It won't hurt to ask
if the purchase can be deducted from this month's rent, but
don't count on it.
Turning to the subject of pest control, before you sign a lease,
ask your landlord how often the property is sprayed to prevent
infestation. Can you get his or her response in writing?
Ground-floor residents are particularly prone to pesky visitors,
including cockroaches, fleas, ants and rodents. If you spot any
of these creatures even occasionally, call your landlord and
report the problem immediately. Rodents, of course, are
transmitters of disease, but roaches' bodies and their droppings
actually contain substances which contribute to poor air quality
and even respiratory problems -- most notably, asthma.
If your prospective landlord doesn't volunteer information about
the environmental quality of the building to which you're
considering a move, ask. Odds are, of course, that you're going
to hear a glowing report of the building's environmental
quality, and while you shouldn't be cynical, get it in writing.
After all, you're making a financial investment with your
signature on that lease. If the landlord wants your patronage,
he or she will comply without resistance. And if not, the
renters' market is a competitive one; you won't have to look far
to find a landlord who won't blink at your request. Happy -- and
healthy -- hunting.