New York Tenant Rights and Asbestos in Older Buildings

If you rent an apartment or home in New York and your building was built before the 1980s, there may be asbestos present in materials like floor tiles, insulation, or pipe coverings. Understanding your rights, your landlord’s responsibilities, and what actions you can take is essential for maintaining a safe living environment.

What Is Asbestos and Why Does It Matter for Renters?

Asbestos is a naturally occurring mineral once commonly used in construction for its fire-resistant and insulating properties. However, asbestos fibers can be hazardous to your health if disturbed, increasing the risk of lung disease and cancer. It’s crucial for tenants in older New York buildings to be aware of potential asbestos risks and their rights under state and city housing laws.

Landlord Responsibilities Regarding Asbestos

In New York, landlords have a legal duty to provide tenants with a safe and habitable home—a requirement known as the warranty of habitability. This means the property must be free from dangerous conditions, including exposure to hazardous materials like asbestos.

• Periodic Inspections: Landlords must use reasonable care to inspect and maintain building components that could contain asbestos, especially when performing renovations or repairs.
• Notification Obligations: When asbestos abatement (removal or encapsulation) is planned, New York City landlords must notify tenants at least 10 days before work begins, in line with NYC Department of Environmental Protection regulations.
• HPD Tenant Rights Guide provides renters with more guidance on health and safety hazards.

If a landlord becomes aware of asbestos that poses a hazard, they must take prompt remedial action to contain or remove it, as required by the New York State Real Property Law § 235-b (Warranty of Habitability)¹.

Your Rights as a New York Renter

Tenants have the right to:

• Request information from their landlord regarding the presence of asbestos
• Receive advance written notice before any asbestos removal work begins
• Report unsafe conditions or concerns to local health, building, or housing authorities
• Withhold rent or seek legal remedies if living conditions are dangerous and the landlord fails to act (seek legal advice first)

If you believe asbestos is exposed or disturbed in your apartment, contact your landlord in writing as soon as possible.

What Should Renters Do If They Suspect Asbestos?

Don’t attempt to remove or disturb materials yourself. Instead:

• Submit a written request to your landlord for an inspection by a certified asbestos professional
• Avoid using or renovating areas where asbestos materials may be damaged
• Document any conditions with pictures and notes
• If urgent, file a complaint with NYC Housing Preservation & Development (for NYC residents) or your local health department

Filing a Health and Safety Complaint

New York City tenants can file a complaint about asbestos hazards online with the Department of Housing Preservation & Development (HPD) using the Online Housing Complaint platform. For the rest of New York State, contact your local county health department or the New York State Department of Health.

Relevant Official Forms

• HPD Online Complaint Form
  Submit a Housing Complaint (NYC). Use this when your landlord fails to address unsafe or hazardous conditions, including suspected asbestos. Example: If your landlord ignores your written request to repair crumbling ceiling tiles you suspect contain asbestos, submit this form online to request an HPD inspection.
• DEP Asbestos Work Notification Form (ACP7)
  Asbestos Project Notification (ACP7). Contractors (not tenants) file this for any planned asbestos removal, but renters should know about this form and can request confirmation that it has been submitted if work is done in their building.

Which Tribunal Handles Renters’ Legal Actions?

If you need to take legal action because your landlord does not correct asbestos hazards, you can turn to the New York City Housing Court (for NYC) or your local Landlord-Tenant Court elsewhere in New York State. They handle cases such as repair orders and disputes over lease violations.

FAQ: Asbestos Concerns for Renters in New York

1. Do landlords have to tell me if there is asbestos in my building?
   Landlords are required to notify you before any asbestos abatement starts and must take steps to ensure the premises are safe. They are not required to proactively disclose the presence of asbestos unless work is planned or a hazard is found.
2. What should I do if I think there’s asbestos in my apartment?
   Contact your landlord in writing and request a certified asbestos inspection. Do not disturb the material. If the landlord does not respond or take proper action, file a complaint with HPD (in NYC) or your county health department.
3. Can I break my lease if asbestos makes my apartment unsafe?
   If your home is unsafe and your landlord fails to remedy hazardous conditions after you’ve followed official steps, you may have legal grounds to break your lease, but consult with a legal professional or tenants’ advocacy group first.
4. Where do I report asbestos issues outside New York City?
   Contact your local county health department or the New York State Department of Health. They can provide guidance and refer you to the correct authority for investigation.

Conclusion: Key Takeaways

• New York landlords must maintain safe rental homes free from asbestos hazards
• Renters have the right to information, notice, and legal protection regarding asbestos
• If your concerns are not addressed, file a complaint with HPD or the appropriate local agency

Awareness and prompt action help keep you and your household safe while enjoying your rights as a New York renter.

Need Help? Resources for Renters

• NYC HPD Resources for Renters
• File a Housing Complaint with HPD (NYC)
• NY State Department of Health: Asbestos Information
• New York City Housing Court (handles tenant applications and disputes)
• For free or low-cost legal advice, contact the NYC Tenant Legal Assistance Program

---

1. New York State Real Property Law § 235-b: Warranty of Habitability
2. HPD Tenant Rights Guide
3. DEP Asbestos Project Notification (ACP7 Form)
4. Submit a Housing Complaint – NYC HPD
5. New York City Housing Court

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations