(855) 575-6376

Is My Landlord Liable for Asbestos Exposure?

Legally Reviewed by Joseph P. Williams on March 4, 2025

Today, asbestos is recognized as a known carcinogen that is dangerous for the public in any amount. However, this was not the case until around the 1980s, when researchers discovered the link between asbestos and deadly illnesses, including mesothelioma. Asbestos exposure is now understood to be a serious health concern that can lead to severe respiratory diseases and debilitating conditions. Up until this point, asbestos was widely used as a building and construction material because of its desirable properties. Unfortunately, this means that thousands of homes and apartment buildings in New York today still contain asbestos.

Discovering asbestos in your home can be a frightening experience, especially when it’s in a place you should feel safe – your rental property. At The Williams Law Firm, P.C., we understand the deep concerns and health fears you may be grappling with. Facing the possibility of asbestos exposure in your rental property is not just a matter of legal liability; it’s about your well-being and peace of mind. We have dedicated years to helping families navigate the complexities and emotional toll of asbestos exposure, and we are here to fight for your rights.

What is Asbestos?

Asbestos is a group of naturally occurring minerals known for their resistance to heat, corrosion, and fire. These properties made asbestos a popular choice in construction materials, such as insulation, ceiling tiles, flooring, and roofing, until the 1980s. However, asbestos is also a known carcinogen, and exposure to it can lead to serious health issues, including mesothelioma and lung cancer. Understanding what asbestos is and why it was used can help you recognize the potential risks in older buildings and the importance of addressing asbestos hazards.

Asbestos Fibers

Asbestos fibers are tiny, needle-like structures that can become airborne when asbestos-containing materials are disturbed. These fibers are so small that they can be easily inhaled without being noticed. Once inhaled, asbestos fibers can become lodged in the lungs and other tissues, leading to long-term damage. This damage increases the risk of developing asbestos-related diseases, making it crucial to handle any suspect asbestos exposure with care and urgency.

Asbestos-Related Diseases

Asbestos exposure can cause a range of serious health issues, including:

  • Mesothelioma: A rare and aggressive cancer that affects the lining of the lungs, abdomen, or heart. Mesothelioma is almost exclusively caused by asbestos exposure and has a long latency period, meaning symptoms may not appear until decades after exposure.
  • Lung Cancer: This type of cancer affects the lungs and can be caused by inhaling asbestos fibers. Like mesothelioma, lung cancer related to asbestos exposure can take years to develop.
  • Asbestosis: A chronic lung disease that causes scarring and inflammation in the lungs. Asbestosis can lead to severe respiratory issues and significantly impact quality of life.
  • Other Asbestos-Related Diseases: Conditions such as pleural plaques and pleural thickening can also result from asbestos exposure. These conditions involve changes to the lining of the lungs and can be precursors to more severe diseases.

Understanding these diseases underscores the importance of addressing asbestos hazards promptly and effectively to protect your health.

Harmful Asbestos Exposure in Rental Properties in New York

Being exposed to asbestos can result in these fibers being inhaled or ingested and lodged within the body’s tissues. Disturbing asbestos-containing materials during activities such as sanding, scraping textured ceilings, or removing walls and insulation can release asbestos fibers into the air, posing significant health risks to occupants and workers. This can lead to harmful scarring, the growth of cancerous tumors, and other health issues.

What Apartment Materials Are Most Likely to Lead to Asbestos Containing Materials Exposure?

Most illnesses connected to asbestos are chronic or incurable. Unfortunately, many tenants living in rental units throughout New York are at risk of asbestos exposure. This is because many products used during the construction of new buildings contained asbestos until about 1981, including:

  • Drywall
  • Insulation
  • Soundproofing materials
  • HVAC ductwork
  • Furnace and boiler components
  • Cables
  • Roofing
  • Siding
  • Textured paint
  • Sheetrock
  • Spackling
  • Popcorn ceilings
  • Vinyl floor tiles

Asbestos was a popular building material because it is naturally fire and heat resistant, stable, durable, flexible, and an excellent electrical insulator. Asbestos exposure cases often arise from tenants being exposed to these materials.

How Does Asbestos Negatively Impact Tenants?

Today, thousands of homes and buildings that were constructed prior to 1980 in New York still contain asbestos. It is crucial to address asbestos hazards to prevent significant health risks to tenants. The asbestos in these products may be released into the air with any amount of disturbance, such as home renovations or a hole being punched in the wall.

What Are a Landlord’s Responsibilities Regarding Asbestos?

Landlords have a legal obligation to maintain the safety of the units and buildings that they rent to tenants. This obligation involves regularly inspecting the property, fixing any known defects or hazards, and warning tenants of known health or safety risks.

Understanding asbestos laws is crucial for landlords to navigate the complexities of filing mesothelioma lawsuits and complying with federal and state regulations that govern asbestos management.

When it comes to asbestos in a house or apartment, a landlord in New York has a legal responsibility to obey federal and state regulations. These regulations generally require landlords to:

  • Test for asbestos in the walls or other components of a rental building.
  • Warn tenants and potential applicants about the presence of asbestos on the property.
  • Safely remove asbestos from a rental property.

The rules and regulations that apply to landlords and asbestos include the implied warranty of habitability (tenant’s rights), OSHA regulations designed to protect workers, and the New York City Housing Maintenance Code.

If a landlord violates any of the laws pertaining to the maintenance and safety of a rental unit, he or she may be found liable for related tenant injuries and illnesses, including mesothelioma and asbestosis from asbestos exposure.

Proving Asbestos Exposure

To prove asbestos exposure, it is essential to gather comprehensive medical records and detailed employment history. These documents are crucial in establishing a link between your illness and asbestos-related diseases.

  • Medical Records: Your medical records should include your diagnosis, medical test results, and treatment plans. These documents can help establish a direct connection between your illness and asbestos exposure. Detailed medical records are vital in demonstrating the severity of your condition and the impact it has on your life.
  • Employment History: Your employment history can help establish a timeline of exposure and demonstrate that you worked with or around asbestos-containing materials. This information can identify potential sources of asbestos exposure and show that your work environment contributed to your illness.

By gathering these documents, you can build a strong case to support your claim for asbestos exposure. It is essential to work with an experienced lawyer who can help you navigate the complexities of asbestos litigation. An experienced lawyer can ensure that you receive fair compensation for your asbestos-related illness, helping you cover medical expenses and other associated costs.

What to Do if You Suspect Asbestos in Your Rental

If you believe that your rental home or apartment contains asbestos, notify your landlord right away. Request official testing to be done if your landlord is denying the presence of asbestos without ever having paid for professional testing.

Tenants can file an asbestos lawsuit if their landlord fails to address the issue.

Avoid the part of your house where you believe you have found asbestos. If the material has not been compromised, asbestos fibers may not yet have been released into the air. If test samples come back positive for asbestos, your landlord is responsible for repairing the issue or removing the asbestos.

How Can an Asbestos Lawyer Support You With Your Claim?

When you suspect you have been exposed to asbestos due to your landlord’s negligence, working with an asbestos exposure attorney from The Williams Law Firm, P.C. can be invaluable.

We can support you in numerous ways throughout the legal process, helping you to obtain fair financial recovery, including through the following services:

  • Conducting an independent investigation
  • Working with medical professionals
  • Negotiating with every party to recover a satisfactory settlement
  • Preparing your case for court
  • Collecting evidence to prove liability
  • Consulting with experts to determine the full scope of your damages
  • Assuring that all documents are filed correctly and in a timely manner
  • Reviewing your damages to determine the total value of your claim
  • Communicating with the other parties on your behalf
  • Organizing your medical records and bills
  • Working with your healthcare providers to obtain any missing records
  • Organizing and presenting the evidence in order to prove liability and damages
  • Accessing  research methods and tools only available to legal professionals
  • Providing a quicker delivery of documents from law enforcement and doctors
  • Offering an understanding of the legal system and how to make it work for you
  • Reducing stress related to your claim

We recommend you refrain from representing yourself during these legal matters, as this can quickly result in reduction of compensation. When you work with an attorney from The Williams Law Firm, P.C., you are much more likely to receive complete compensation, reduced litigation time, and lessened stress during the claim.

Please contact us as soon as possible to improve your odds of legal success even further. The sooner you reach us, the more effectively we can collect evidence, understand your needs, and build a strong case in your favor. 

How to File a Lawsuit Against a Landlord for Asbestos Exposure

If you have been diagnosed with mesothelioma or another asbestos-related illness in New York and believe you were exposed at a rental property, you may have grounds to file a lawsuit against your landlord – even if you moved out of the property decades ago. There are asbestos trust funds available to compensate victims who were exposed to asbestos by landlords or rental companies that have since declared bankruptcy or been dissolved. We encourage you to contact The Williams Law Firm, P.C. for invaluable support today. We have never lost a case, and we are here to fight for your needs.

Contact The Williams Law Firm, P.C. to File an Asbestos Exposure Lawsuit

Contact an attorney, like the talented and dedicated Joseph P. Williams, who specializes in asbestos cases to request a free consultation about your potential lawsuit. An attorney can help you gather evidence against a landlord, file your lawsuit, and negotiate for maximum compensation for your life-changing diagnosis. You can reach us by calling (855) 575-6376 or completing the contact form on our website.

Joseph P. Williams

Legally Reviewed by

Joseph P. Williams
Renowned Mesothelioma Attorney

March 4, 2025

As the founding partner of Williams Law Firm, Joseph P. Williams has dedicated over 30 years to representing mesothelioma victims and their families. His firm has recovered hundreds of millions of dollars for those affected by asbestos exposure, offering personalized, aggressive legal advocacy. Based in New York, Williams Law Firm provides free consultations and handles cases nationwide.

Free consultation

  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.