LITTLETON, Colo. — A lawsuit filed by a former tenant of a Littleton apartment complex accuses Greystar Management Services of retaliating against him for reporting hazardous conditions related to silica dust during construction. The plaintiff, Mike Schenk, claims his eviction followed his attempts to highlight the potential health risks posed by the dust.
Schenk reported that construction workers were sanding concrete nearby last summer, which resulted in a significant amount of fine dust entering his apartment. He recalled the moment vividly when his smoke detector activated due to the dust overwhelming the hallway of his unit. Photographic evidence presented by Schenk shows a significant accumulation of what he identifies as silica dust, raising serious concerns about its safety.
According to Schenk, proper safety measures, such as vacuum-equipped sanding tools and water suppression techniques, were not employed during the construction work. After notifying the apartment management, Greystar, as well as federal Occupational Safety and Health Administration (OSHA) inspectors, Schenk discovered that OSHA had issued fines exceeding $58,000 to Centennial Concrete & Waterproofing (CCW), the contractor, for exposing workers to silica dust.
Despite these safety concerns, Schenk claims he was subsequently evicted with management citing a lease violation for, among other things, photographing workers without consent. His attorney, Matt Osborne, pointed to significant failures by both the management company and the contractor, asserting that the case underscores a lack of accountability in handling tenant safety.
The lawsuit claims that Greystar not only retaliated against Schenk but also neglected to inform other tenants about the associated dangers. Osborne expressed hope that both Greystar and CCW would be held responsible for their actions. Efforts to reach Greystar and CCW for comment have gone unanswered.
In response to the allegations, Greystar has largely denied the claims, asserting that they do not control how contractors operate. CCW similarly denied performing any concrete sanding at the Mountain Gate complex during the time in question. Schenk criticized these denials, suggesting that they represent a systematic attempt to evade responsibility.
Since the incident, Schenk has been diagnosed with early-stage emphysema, a condition he believes is linked to silica dust exposure. His primary objective is to raise awareness among current residents about the potential dangers they face. He stated that, while contractors have since utilized the appropriate equipment, he remains dissatisfied with Greystar’s handling of cleanliness during the construction period.
The lawsuit is currently in its early stages, with depositions and potential mediation scheduled. Schenk has emphasized the urgency of shedding light on the OSHA violations and their implications for tenant health and safety.
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