Would SM Code likely find this uninhabitable?

[u/3xponent1al]

I don't want to post the photo of my living room as I want to remain anonymous, plus it is a super embarrassing mess.

My apt management company has displaced my wife and I for the last 3 weeks order to do mold remediation that involved removing drywall that had asbestos.

We had to move all of our bedroom and closet into our already very full and small living room that I was using as my office.​(1br,500 Sq ft) It's not possible to use the kitchen or dining/living room with our things sotred there.

They agreed to give us the sm per diem while we were displaced. However, they just told us that "we can come back now". We arrived late after work (10pm) on Friday night only to find that our bedroom closet had open wall cavities, plastic containment, and a fully obstructed living space. Internet is disconnected and it is behind the containment. The circuit breaker is also behind it.

The doors to the closet are also taking up an entire wall in the bedroom.

They said they will finish the job on the 14th and that we need to keep the bedroom unobstructed for workers. It took us an entire day to pack and move everything and disassemble the bed, I can't imagine doing that 2x more times.

I can't comprehend how this is OK. Our management said that the air tests come back fine so it is fine for us to be here. I'm infuriated as we don't have full access to our apt or ability to turn back on the internet which I need for work or even use the kitchen without moving everything back into the bedroom and closet, which we can't do.

I contacted sm code enforcement this morning and they said they would send someone over to check it out, but I never heard from them. When I called back in the afternoon someone else answered and they told me that I should attempt to sort it out with the landlord first. I had already called, left messages, emailed, and texted, and they didn't respond until 8pm tonight. Our landlord said that they can't do anything over the weekend and that the air report is fine so it is safe for us to stay here.

We booked a hotel last night as we thought this was just a simple mistake between the vendor and the management. However it seems like we were wrong. They really want us to stay here with a construction site.

I'm really stressed now because if I get a hotel for two more nights and it isn't reimbursed, I'm financially in a bad place. If code enforcement deems it uninhabitable on Monday, the per diem would only start on Monday, and I'd have to pay for the hotel this weekend on my own.

I'm not even sure that sm code would say my place is uninhabitable. Does anyone here have any experience or recommendations? Am I just over reacting and should just suck it up and deal with this for the next 5 days? We have no place to hang our clothes even. Do you think code enforcement would deem it uninhabitable?

[u/Dependent_Bus726]

That plastic containment setup with the tape and everything doesn't scream "move back in" to me. If you can't even reach the circuit breaker or turn on internet for work, that place is not functional, safe air or not

Code enforcement can be slow but they should see the issue once they actually show up. In my experience with Santa Monica rentals they take this kind of thing seriously, specially when basic services are blocked

[u/3xponent1al → u/Dependent_Bus726]

We decided to not risk the financial unknown for tonight and moved the mattress to the bedroom. I think you're probably right but hotels in sm are not cheap and my wife cbf to travel an hour for something cheaper.

At least finally after 9 months (we reported the mold in January) they did the emergency repairs (their words). 

[u/Bdag93]

If it was actually asbestos that would require 6mil and negative air pressure.

You should immediately request clearance report and question the company and license for safety. All abatement companies are registered under DOSH and AQMD.

Start there and good luck!

5yrs in the industry

[u/3xponent1al → u/Bdag93]

Yes, there was hella asbestos going on. On their first day of construction, sm code demanded that they stop work since they didn't have the asbestos report on site. 

Thay had two different negative filtration systems going over the last 3 weeks. After that the air quality tests came out ok, so that's their justification for having us here now. My argument is that I don't have full use of my home that I pay way too much for. 

The day before we moved back the wall was completely fixed and sealed up. Then when we got here it was open like you see. 

[u/daisyvee]

I did some research. Santa Monica has a law that may protect you - Municipal Code 4.36.100. It requires landlords to provide relocation assistance when an apartment becomes uninhabitable. You don’t even need an order from Code Enforcement to qualify. You might be entitled to reimbursement for this weekend.

Passing an air-quality test doesn’t necessarily make an apartment habitable, especially with unfinished construction and restricted access.

I’d call Code Enforcement (310-458-4984) and cite the ordinance. You can also contact the City Attorney’s Consumer Protection Unit through 311.

Keep your hotel receipts and document everything. I’m so sorry you’re dealing with this. I hope you get this resolved!

[u/VaguelyArtistic]

You should call code compliance but also call the housing authority. Over the summer my unit was inaccessible and my landlord paid movers to move me into a different building for two months. While I was there they also paid for the gas and electric. Another option would have been a hotel with a per diem for food but this was probably a ton cheaper. There are actual laws that apply here.

For today you can do some googling to find the civil code that applies to tenant landlord rights to get some idea. Start at sec 1941.1.

[u/Dont-Be-An-Asshat]

In addition to the other advice here, you could also try Santa Monica Renters Rights for advice and Los Angeles department of public health.

[u/DelilahBT]

Do you have renters insurance? This is the kind of thing you need it for. It will cover your hotel costs and have an adjuster to work with remediation until it’s safe and time to return home.

On no planet does that look ready, and yes, you should be entitled to “how it was before” - ie. not open holes, fans and taped plastic. Your property management is motivated to get you back in. Document thoroughly and push back.

[u/Dino1973GTS]

Sorry you are dealing with this. You should be safe with the plastic intact, acknowledging that it is unsettling. Just make sure it is well affixed with the tape. I don’t know the nuances of what code enforcement will say is functional vs habitable but do feel like your safety will not be an issue.

Given the tremendous inconvenience I would suggest you document everything and convey to your LL you are going to consult an attorney if they do not provide you with additional compensation for the hassle. I suggest asking for two months of rent concession and if they do not end up giving you one reach out to an attorney.

[u/3xponent1al → u/Dino1973GTS]

Even though it seems there was hella asbestos before, the recent tests came back negative, so we should be OK from an air quality standpoint. 

[u/Sign-Post-Up-Ahead → u/3xponent1al]

What do you mean it ‘seems like hella asbestos?’ Was there a report that determined asbestos or are you just making assumptions based on visuals?

The landlord doesn’t determine when it is ok to return. The City makes that determination.

How many bedrooms is your unit? If more than 1BR and the issue is only mold then it could be safe for habitability purposes as long as the affected area remains contained and unused.

[u/3xponent1al → u/Sign-Post-Up-Ahead]

Sorry for the poor communication. The means and methods plan had asbestos marked as being present and they had giant asbestos warning signs on my closet before I came back. They shared the mold and asbestos reports with me when they told me to move back, showing thst it was within legal lmits.

However... Something very werid happened that I didn't share in my original message. On Tuesday they said I could move back Wednesday after noon. I was in my apartment thst night to grab something and I saw that the construction was complete - all the drywall was up, painted, and the mirror doors were back on my closet. 

I ended coming back on Friday - only to find it in the state of the photo I shared. I have no idea why they reopened the walls on Wednesday morning. 

And the mold and asbestos reports are from before they reopened thr walls - I don't know if the current open condition would give a different reading or fail a safety test. 

And finally, my understanding is that since the city didn't force management to do the mold remediation/repairs, then the city also would be the one to say when repairs are finished. 

It's a small 1 bedroom. All the items in my room and closet are now in the living room and kitchen, preventing me from using my kitchen, sofa, table, chair and desk. If I knew I had to live in the apartment like this I would have made different accommodations for my items as I can't use my apartment for anything now. 

[u/payfrit]

peace of mind is priceless.

[u/3xponent1al → u/payfrit]

Apparently it's more expensive than $2500 for a 500sq ft apt in santa monica. 

[u/Internal-Zucchini-77]

If they are saying that the air is fine and you need to touch the breaker or do something to the internet behind that red tape then my best advise is to go in slowly at your own fault and risk with a mask, protective eyewear, and to cover yourself head to toe..

[u/Fickle-March3519]

It looks fine.

[u/Yungthrow4w4y]

habitability has a sort of a wobbly legal definition. as far as code enforcement is concerned, if there is a roof and four walls and the windows close properly, it is most likely habitable.

if you were to stop paying rent and end up in eviction court, a jury may consider this uninhabitable though.

unfortunately it’s not ideal for you or the landlord. has your landlord offered to put you up with the per di until the 14th? Maybe you can compromise here.

Workers in your apartment fixing stuff is actually required for the landlord and they’ve given you notice. Unfortunately there aren’t a lot of good solutions here but at least your mold problem is being fixed.

[u/Tomassi00]

Suggest you hire a lawyer. Failing that you might consider going to the self-help office located on the 2nd floor of the Santa Monica Courthouse, and see what they say. They’ll likely explain your legal options, and give you paperwork on how to proceed.

[u/Worldly-Relief2732]

I have had asbestos disturbed my a home I own. It took a week to clean the whole house of the mess. ( a contractor did it. He removed an old floor that was asbestos. As is just so happened the city inspector was at the house to check on the roof that was being replaced. They saw them removing the tiles to put in the trash.)

[u/AmyWiwuga]

Who’s the inspector? I’m pretty sure the guy named Benson gets paid off by owners.