Arkansas Renters’ Rights: Asbestos in Older Apartments

Living in an older Arkansas rental can come with unique concerns, including the possibility of asbestos. Asbestos is a hazardous material once common in construction, especially before the 1980s. If disturbed or damaged, asbestos can pose serious health risks to tenants. This article explains your rights as a renter in Arkansas when it comes to asbestos, landlord responsibilities, what steps to take, and where to get official assistance.

Understanding Asbestos Risks and Where It’s Found

Asbestos was widely used for insulation, flooring, and ceiling tiles. In undisturbed forms, it may not harm occupants. However, when these materials break or deteriorate, fine asbestos fibers can be released and inhaled—leading to health issues such as lung disease and cancer.

• Asbestos is most commonly found in insulation, pipe coverings, vinyl floor tiles, and certain ceiling materials.
• Many rentals built before 1981 are at higher risk for asbestos-containing materials.

Arkansas Law: Landlord and Tenant Responsibilities

Arkansas has adopted federal standards for asbestos safety. While the state does not have highly detailed health and safety codes for rental properties, landlords must comply with federal asbestos regulations from the U.S. Environmental Protection Agency (EPA), as well as basic duties to provide safe and habitable housing under the Arkansas Residential Landlord-Tenant Act of 2007¹.

Landlord Requirements Regarding Asbestos

• Landlords are not required to proactively test for asbestos in every rental unit.
• They must not perform repairs or renovations that would disturb asbestos-containing materials without following safety rules.
• If a landlord knows about damaged asbestos, they must address it appropriately to avoid health risks.
• Landlords are required to comply with all federal asbestos abatement laws if doing major renovations or demolitions.

Your Rights as a Renter

• You have the right to request information about any known asbestos in your rental unit.
• If you believe materials are deteriorating or releasing dust, you can request repairs to protect your safety.
• If health or safety standards are not being met, you may file a complaint with appropriate Arkansas agencies (see below).

Reporting Asbestos Hazards: Steps You Can Take

If you suspect unsafe asbestos in your apartment, act quickly to protect your health and your rights. Here’s how you can proceed:

• Contact your landlord in writing to alert them to the damaged material and request prompt remediation.
• If there is no response or insufficient action, you can contact local code enforcement or your city’s housing office. In Arkansas, cities such as Little Rock have a Code Enforcement Division.
• For worksite safety issues (like during repairs), you can file a complaint with the Arkansas OSHA.

Arkansas does not have a state-wide housing tribunal, but civil disputes may be addressed in your local District Court. The Arkansas Legal Services website is a useful resource for rental legal issues.

Relevant Official Forms for Renters

• Arkansas Tenant Complaint Form (Local Code Enforcement): Used to report unsafe housing conditions, including asbestos, to your city’s code enforcement office. For example, Little Rock renters can use the Little Rock Code Violation Complaint Form. Complete online or in-person to trigger an inspection.
  Example: If you notice cracked ceiling tiles releasing dust in your apartment, you can fill out this digital form to request a city inspection.
• OSHA Workplace Safety Complaint Form: If renovations in your apartment are disturbing asbestos, you may submit a complaint via the OSHA Online Complaint Form.
  Example: If a contractor is working in your unit without proper asbestos safety measures, use this form to alert authorities.

Always consult your area’s municipal website to find the right code enforcement form. While there is no state-wide tribunal form, local code enforcement or municipal court may assist.

If Legal Action Is Needed

• If repairs are not made and the issue is severe, you may be able to file a case in Arkansas District Court.
• Consulting with Arkansas Legal Services can help you navigate this process.

Arkansas does not have a special landlord-tenant board, so questions or disputes often go through local code enforcement or civil court.

Frequently Asked Questions

1. What should I do first if I suspect asbestos in my Arkansas rental?
   Contact your landlord in writing with your concerns and request an inspection or repairs. If you do not receive a prompt response, contact your city’s code enforcement office.
2. Are landlords required to disclose asbestos in Arkansas?
   Landlords are not required to proactively disclose asbestos, but they must follow federal laws if asbestos is known and may pose risks due to damage or renovation.
3. Can I withhold rent if my landlord does not fix an asbestos issue?
   No. Arkansas law does not allow tenants to withhold rent over repairs. Instead, file a complaint with local code enforcement or seek legal advice.
4. Who oversees asbestos safety in Arkansas rentals?
   Federal agencies (such as the EPA and OSHA), local code enforcement, and municipal courts handle safety and disputes in Arkansas.
5. Where can I find help if my health is affected?
   Contact your healthcare provider and consider reaching out to Arkansas Legal Services or local tenant advocacy groups for further assistance.

Need Help? Resources for Renters

• EPA Asbestos Information and Advice
• Little Rock Code Enforcement Division (for local complaints)
• Arkansas Legal Services—Landlord Tenant Rights
• Arkansas OSHA Contacts
• Arkansas District Courts (for unresolved disputes)

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1. Arkansas Residential Landlord-Tenant Act of 2007
2. US Environmental Protection Agency – Asbestos Regulations
3. OSHA Asbestos Safety Standards
4. Little Rock Code Enforcement Division
5. Arkansas District Courts

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