In some cases, a home can be impacted by airborne mold. In such cases, the air may not be safe for humans to breathe and remediation is necessary. The rights of the parties may be governed by the lease agreement and applicable laws. The parties should consult with an experienced attorney to better understand their rights and obligations, as well as the options available for addressing these types of issues.
Is IAQ Remediation Covered by Insurance?
Insurance is a very specialized field. Depending on the type of IAQ issue, it may be covered by insurance. Commercial tenants who are unable to operate their business due to poor IAQ may investigate whether business interruption coverage exists. Residential property owners may have coverage under their homeowner insurance policy. The owner of the property should consult with an experienced attorney to better understand their rights and obligations vis a vis their insurance policies.
How do I Determine if the IAQ is Safe?
Environmental consultants use special instruments to sample the air in order to determine whether it is within applicable guidelines or whether remediation is recommended. An experienced environmental attorney may be aware of local environmental consultants who are familiar with these types of situations and can be engaged for this purpose.
Utility companies, fire departments, departments of health and local government officials may also be equipped to test IAQ for certain contaminants such as natural gas, propane or carbon monoxide.
How Should Our Company Handle Employee Complaints Regarding IAQ Issues?
If a company receives a complaint from an employee regarding IAQ, the company should consult a local attorney who specializes in employment law. The company may have policies and procedures for documenting and addressing such complaints.
In conclusion, indoor air quality issues may arise in both the commercial and residential real estate settings. Property owners would be wise to consult with an experienced environmental attorney in New York in order to better understand the laws and regulations governing IAQ, as well as the options for addressing IAQ.
For more information on indoor air quality/environmental law issues in New York, please contact us at (914) 338-8050 or send an e-mail to keith@betenskylaw.com. We look forward to hearing from you.
Betensky Law PLLC
118 N. Bedford Road, Suite 302
Mount Kisco, New York 10549
(914) 338-8050
keith@betenskylaw.com
www.betenskylaw.com
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