LITTLETON, Colo. — A former tenant at a Littleton apartment complex is suing Greystar Management Services, claiming he was evicted for reporting hazardous silica dust conditions during construction work.
The lawsuit claims the management company failed to protect tenants and retaliated against his efforts to expose the health risks.
Mike Schenk said he heard workers sanding concrete outside his unit in the Mountain Gate apartment complex last summer.
"All of a sudden, my smoke detector went off," Schenk recounted. "My entire hallway inside my apartment was full of this real fine dust."
Schenk's photos show what he calls "silica dust" coating his home, potentially a significant health risk.
"They're supposed to use sanding equipment that has attached vacuums and also a device that puts down water to prevent the dust from even forming," he said. "None of that was being used."
After reaching out to Mountain Gate's apartment manager, Greystar, and federal OSHA investigators, OSHA cited the contractor, Centennial Concrete & Waterproofing (CCW), with fines exceeding $58,000 for exposing employees to silica dust.
Shortly after, however, Schenk said he was evicted. The notice stated that he violated his lease in part by "photographing the vendors without consent."
Consumer protection attorney Matt Osborne, representing Schenk, said the case demonstrates "multiple violations and multiple failures at different levels."
The lawsuit accuses Greystar of retaliation and failing to inform other tenants of the danger.
"I hope that both Greystar and Centennial are held accountable for what they've done," Obsorne said.
Despite attempts to reach them for comment, Greystar and CCW have not responded to Denver7 Investigates.
In court documents, Greystar denies most allegations, claiming no control over the contractor's work.
CCW denies conducting any concrete sanding at Mountain Gate during that time.
"I think it's just the standardized response of them denying everything or trying to pass the blame," Schenk said.
Since the incident, Schenk reports being diagnosed with early-stage emphysema, likely linked to silica dust exposure.
Now, he hopes to warn his neighbors.
"I think the biggest thing I want to accomplish, and this interview today is going to help, is getting the word out to all these tenants. This needs to stop. Everyone needs to be notified," he said.
Schenk noted that the contractors eventually used the correct equipment, but criticized Greystar for inadequate cleanup.
While the lawsuit remains in early stages, with depositions and possible mediation pending, Schenk emphasizes the urgency of getting the word out due to OSHA violations.
