Meth Labs Increasing in Motel/Hotel Rooms

Methamphetamine use continues to rise and with it the need for decontamination of homes. Crisis Cleaning is the leading cleanup contractor in a multiple state area.

Recently meth manufacturers have gotten even trickier in their method of cooking meth. They check into a hotel or motel, manufacture their meth and check out. Often the management has no knowledge a meth lab was ever on their premises. So think of the people who check into that room from then on; they will be subjected to methamphetamine residue, which is harmful to their health. Meth residue hangs around for years. It must be decontaminated.

Crisis Cleaning uses a product called Crystal Clean that actually renders the meth chemicals inert or kills them. After police have removed the lab, Crisis Cleaning tests the home or motel/hotel room to find out how high the levels of meth are, and then clothed in personal protective gear, their certified technicians decontaminate the property. A post test is then performed to be sure the meth has been eliminated and the home or room is safe for human habitation.

It would be great if there were a meth test kit that gave immediate results, but presently no accurate one exists. Crisis Cleaning uses the best meth test kit available and tests an entire home by taking different test swabs in every room. Then those swabs are placed in a test tube, sealed securely and mailed overnight to a laboratory. Test results are often back within 3 to 7 days. This is great for the homeowner or landlord of a rental or even a motel/hotel manager, but not so much for a traveler who is checking into a motel/hotel room for the night.

Although there are rarely any signs to indicate a motel/hotel room has been used as a meth lab, here are a few tips:

• Look for unusual stains, maybe red or purple in color.
• Check for burn or drip marks on the wall.
• Be sure your smoke detector hasn’t been deactivated or covered with duct tape.
• If the meth lab was recent, there may be an unpleasant chemical odor.
• Beware of lower end motels, they seem to be targets of meth manufacturers, but even up scale hotels are not off limits for a meth “cook.”
• A final tip, if you know the area where you will be staying, you can check the address against the meth lab data base, but be aware, this is only the known meth labs, and even then all of them have not been recorded. http://www.justice.gov/dea/seizures/

Is there insurance coverage for meth lab cleanup?

Most typical insurance policies will provide coverage for meth lab cleanup. When you call your agent to file a claim they may verbally tell you there is no coverage, but don't get mad or accept their quick denial over the phone. Instead, this is where you may need to educate yourself about the coverage that is available to you under your policy. Many times the insurance company will quickly deny your claim due to crime exclusions or no covered perils. Even if these are true, neither of these exhausts other coverage that is available in most typical insurance policies.

Typically, when the property owner was the one directly involved in cooking or smoking meth that has contaminated the dwelling, or the property owner had knowledge of another family member living in the dwelling who had an operational meth lab, the property owner's insurance policy is NOT going to cover any of the costs under property coverage; because the damage to the property was caused directly by the acts of the property owner or what the policy will list as "crime exclusion". In the case of rental property or residential property where the owner had no knowledge or direct involvement in the operational meth lab in their dwelling, there could be coverage available under the Property Coverage portion of their policy because for the "crime exclusion" to be used for denial of the claim, the property owner would have to have been directly involved in the operation of the illegal meth lab.

"Named Perils -vs- "Open Perils"

So you can better understand how typical insurance policies work, I am going to explain the difference between a "Named Perils" policy and an "Open Perils" policy. A peril, as referred to in an insurance policy, is a cause of loss, such as fire or theft. Coverage can be provided on an "all perils" basis, or a "named perils" basis. Named Perils policies list exactly what is covered by the policy, while Open Perils (or All Perils) policies will list what is excluded from coverage. Named Perils policies are generally more restrictive. A dwelling policy usually provides coverage for both the dwelling and contents on a named perils basis, while a homeowner's policy usually provides coverage for the dwelling on an all perils basis, and for the contents on a named perils basis.

"Vandalism" - Covered Peril

Vandalism is typically defined as when a person knowingly causes serious physical damage to a structure or its contents. Depending on the type of insurance policy you have on the dwelling, most policies usually cover vandalism. It will either be listed as a named peril or in an open perils policy it won't be listed as exclusion. You will need to read your policy or ask your insurance agent whom you purchased the policy from, if vandalism is covered. If you have coverage for vandalism, and depending on the circumstances involved in the illegal operational lab in the dwelling, your insurance company should pay for all of the pre and post testing, loss rent or use, cleaning costs as well as any necessary repairs following the completion of the decontamination process.

Rental Property and Vandalism

If you are a rental property owner and the tenant or anyone visiting the tenant was the one who without your knowledge had an operational meth lab in the dwelling that caused the damage to the property, I recommend filing a claim with your insurance company for vandalism. Remember the definition of vandalism - when a person knowingly causes physical damage to a structure or its contents. You need to firmly argue this point with the insurance company.
I would not specially list the claim as meth lab, but file the claim under vandalism or malicious mischief (as listed in some polices). The damage caused from the cooking of an illegal meth lab in your rental property has caused serious physical damage to your structure and contents (if it was a furnished apartment) making it uninhabitable.

"Smoke Damage" - covered peril

Smoke from a fire causes a film, soot or odor in the dwelling on the structure of the ceilings, walls and floors and the personal contents which are usually covered by a typical property insurance policy. The hazardous smoke and fumes from a cooking meth lab will leave a similar, although invisible residue in the structure and on the contents rendering them in need of decontamination or replacement as would be covered under smoke damage from a fire.
When our company in Indiana submits an estimate for testing and decontamination to our client's insurance company, I typically list the cause of loss as "vandalism/smoke damage".

Homeowners and Vandalism

When it's not a rental property, it is harder to prove vandalism. When the property owner has no knowledge of either a family member or any other person operating an illegal meth lab on the property, especially if it was being done while the property owner was gone from the dwelling, (such as vacation or extended period of time) this should still be covered under vandalism. It's the knowledge or involvement of the property owner, that determines if the damage is classified as vandalism or not.

Liability Coverage for meth labs

Let's say your policy doesn't have coverage for vandalism or smoke damage under the property coverage of your policy. Remember you also have "Liability Coverage" with your policy. Just because there might not be coverage under one area of your policy such as "Property Coverage" doesn't mean there isn't available coverage in the other areas of your insurance policy. For example: In January, 2010 our company had almost $15,000 stolen from our bank account while doing online banking through "key stroking." While that type of loss was listed as exclusion in our policy, we also had $10,000 stolen cash coverage in another section of our policy that paid us back $10,000 of the $15,000 we had stolen. Just because there might be an exclusion for coverage in one section of your policy, always consider looking for coverage in the other sections of your policy.

Pollution Exclusion Provision

Almost all insurance policies will have a "pollution exclusion" listed under the liability coverage section. Most coverage for meth lab cleanup is covered under the first party property damage such as the vandalism or smoke damage, as I mentioned above. However, if you don't have vandalism or smoke damage coverage under the property coverage section of your policy and you are fortunate enough to live in Indiana, you can then look to the liability coverage section of your policy. The insurance agent may tell you that you have a pollution exclusion and therefore, meth labs are not covered. This is not the case particularly in Indiana. An Indiana attorney interpreting your policy will explain that for a pollution exclusion to be valid, the exclusion listed in the policy must "clearly and unmistakably" bring the condition within its scope to be effective. It is very unusual for a policy to have a "clear and unmistakable" exclusion for methamphetamine laboratory damage. The pollution exclusion may be valid in other states, but not so in Indiana. However, even if the pollution exclusion is valid in other states, most property owners should still find coverage under vandalism or smoke damage under the first party property section of their policy. Although, as more and more insurance companies find themselves paying for damages as a result of meth labs, look for it to become more customary in the future.

Caution on time limits & notice

Suit Provisions in most insurance policies will give the policyholder one year from the date of loss to file a suit or claim. Date of loss typically is the date the meth lab was discovered or busted by the state or local law enforcement agency. You should get a written copy of the report from the local or state police agency who busted the meth lab which will have the date the meth lab was busted. You want to notify your insurance company of your claim as soon as you have received the letter from your local law enforcement agency or local health department. Typically, insurance companies will not reimburse the policyholder for any costs incurred or paid out before the date of notice was given to the insurance company. Therefore, before you hire a company to do any testing or decontamination work, you should provide notice of your claim to your insurance company first.

The Meth Solution

For complete details on insurance coverage for meth lab testing and cleanup, order the book "The Meth Solution," where in Chapter 3 Donetta J. Held interviewed attorney Tonya Bond of Plews Shadley Racher & Braun, who specializes in meth lab insurance coverage.

Are you living in a former meth lab home?

Since World War II it is estimated there were over a million to a million and a half meth homes, most of which go undetected by law enforcement.  Many clandestine meth labs are just that, i.e. secretly cooked and smoked in homes.  National experts state over 12 million people have tried methamphetamine at one time or another and there are currently over 1.5 million active users.  The DEA National Clandestine Laboratory Register, which lists by state the property addresses that have been seized by law enforcement for illegal manufacturing of drug labs, is voluntary and not actively updated.  Therefore, just because a property address is not listed on DEA’s website, does not guarantee that the property has never been used to manufacture or smoke methamphetamine.  Many of the properties that our company decontaminated were never listed on DEA’s website.  There are also many clandestine meth labs that are never exposed by law enforcement, so as property owners move from different homes or apartments, the new occupant does not have a clue what contaminants are left in the home following the cooking or smoking of methamphetamine. The DEA’s registry doesn’t account for any undiscovered meth labs and many meth experts think it’s an underestimate.  Professional meth lab cleanup contractors estimate that about 90 percent of meth houses are never uncovered.   The DEA’s list can’t be relied upon because it’s completely voluntary and with the growing meth epidemic, record keeping is a horrific process.

Every House has a History Do You Know Yours?

Currently there are approximately only twenty states that have disclosure laws requiring sellers to disclose if the property they are selling has been a former meth lab home.  Even if you live in a state with foreclosure laws, don’t automatically assume you are protected. There are also many homes that face foreclosure and they are not all from loss of jobs and inability to pay the mortgage.  If a property owner is arrested by law enforcement for the illegal manufacturing of methamphetamines in their home, they are incarcerated and therefore, the bank forecloses on the property.  If the property is in a state without disclosure laws, the bank could resell the home without decontaminating the property or disclosing the known history of the prior property owner’s illegal drug activities in that property.  Over 75 percent of our decontamination projects are rental property and approximately 35 to 40 percent of Americans live in rental homes or apartments.  Spring cleaning and a fresh coat of paint does not eliminate the hazards left in the rental property following the prior tenant’s illegal manufacturing or smoking of meth.  Of the twenty states with disclosure laws they don’t apply to rental property.  So many landlords aren’t going to disclose the history of the prior tenant’s activity.  They want to re-rent the unit and if such information is disclosed, they are afraid it would keep the unit from being rented. 

Think Meth Doesn’t Affect You, What About When You Travel?

Even if you are fortunate enough to live in a community where the illegal manufacturing or smoking of methamphetamine seems unheard of, have you ever stopped to consider the hotel room you stay in overnight on travel or vacation?  About 35 to 40 percent of illegal drug lab busts are performed in hotel rooms.  While the majority of busts in hotel rooms are located in your lower end or budget hotel rooms, recently there have been meth busts in higher end hotel rooms. “It’s a misconception that just because you’re staying in a nice place, you’re safe from the chemical hazards of a meth lab,” said Jesse Hambrick, Narcotics Agent for the Douglas County Police Force in Georgia when interviewed by ABC News. Another news article states that Michael Douglas’ son, Cameron Douglas, was facing additional drug charges following his July, 2009 arrest for selling methamphetamines from a high-end Manhattan New York hotel, so one can’t make the assumption that it’s only being manufactured or smoked in the low budget hotels.

American Homes Become an American Nightmare

Although meth houses are more concentrated in certain states, meth houses have been discovered in ALL fifty states.  When many people think of a meth house they automatically assume these houses are crack houses.  This is a gross misconception.  There have been many high end value homes sold on the market that were former meth labs.  Meth experts estimate that thousands to tens of thousands of people have discovered that what they thought was the American dream home is actually an American nightmare!  Professional meth cleanup companies along with national and local health experts say it’s common for meth labs that haven’t been cleaned to test positive for residue no matter how long after police busts. It doesn’t just go away over time.

Meth Homes in the News

Listed below is a very small snapshot of actual news articles on how not knowing the history of a home can severely devastate one’s health and financial wellbeing.

Oct 17, 2011, New Zealand – A young woman suffers severe health issues about two months after moving into her new apartment. Later discovering the cause was from a neighbor conducting an operational lab next door to her apartment.  When she moved out her health issues improved. http://methlabhomes.com/2011/10/nnew-zealand-renters-believe-health-problems-caused-by-neighbors-methlab

Oct 6, 2011, West Valley City, Utah – A young couple purchased a foreclosed home in August. A weekend away from moving in one of them developed upper respiratory problems.  That’s when a neighbor warned them they should test the home for meth. The levels came back so high the Salt Lake Valley Health Department condemned the house.  http://www.deseretnews.com/article/705392036/New-home-becomes-nightmare-for-couple-when-health-officials-condemn-it-because-of-meth-levels.html

            July 5, 2011, Dayton, Ohio – A couple with children purchased a home in Miami Valley only to find out that it had been a former meth lab.  Ohio has no disclosure laws, but even if it had, many homeowners are not honestly answering that question on the real estate form.

http://www.whiotv.com/news/news/are-you-living-in-a-former-meth-house/nDLhD/

           March 1, 2011 – Colorado Springs, CO – According to the State of Colorado, nearly 400 homes in Colorado Springs, El Paso and Teller counties remain unclean.  That is just between 2001 and 2010.  The meth disclosure law states that a seller must tell a buyer if a property was once a meth lab, but it references nothing about renters.

http://www.krdo.com/news/27040958/detail.html

             June 10, 2010 – Cannon Falls, Minnesota –  A couple unknowingly purchased a former meth lab home, unable to pay for decontamination, mortgage and rent to live somewhere else, the home was sold in a Sheriff’s sale.

http://methlabhomes.com/2010/06/minnesota-keller-meth-lab-home-sold-in-sheriffs-sale/

            April 28, 2010 – Salt Lake City, Utah – Family purchases home and a few days after they moved in a neighbor welcomed them with disturbing news, “Your house used to be a meth lab.” This family is going into bankruptcy, as they can’t afford to clean up the house and they can’t sell it. http://www.onearth.org/blog/once-meth-labs-contaminated-homes-now-sicken-thousands

You are Just a Meth Test Kit Away from Knowing the History of Your Home

Many of the above actual stories of families’ unknowingly purchasing meth homes are surreal.  While most average families can’t afford to hire a meth lab cleanup consultant or industrial hygienist to test a property for meth, there is a reliable in-home meth test kit that would accurately provide the important yes or no answer of methamphetamine contamination prior to purchase.  Unfortunately, the home inspectors that everyone pays several hundreds of dollars for does not include testing the property for methamphetamine contamination.  There is no building inspection let alone meth testing for rental property either.  Before you make a major purchase, before you sign a one year lease agreement, the most important decision you can make is to test the property for meth. In comparison, the price of a meth test kit to a major purchase is mere petty cash.

Meth Test Kits

There are a variety of meth test kits on the market.  Unfortunately, many of the instant meth test kits are sensitive and do not provide accurate results.  Many are known to return false positive or negative readings.  If you hire a professional meth lab cleanup contractor or Industrial Hygienist as required by most state guidelines, they use wipe samples wetted with alcohol or methanol prior to wiping the surface and are sent to a professional lab for analysis.  Donetta Held, CEO of Crisis Cleaning, which is a premier biohazard decontamination company, is making the same test kits we use now available to the general public.  Each kit comes with four (4) square cotton swabs pre-wetted with alcohol, one testing jar, four 100 square centimeter testing templates, two pairs of gloves and complete step-by-step instructions.  Once you open up the four pre-wetted alcohol swabs and you wipe four different surface areas in your property, you place them inside the testing jar and mail it overnight to the independent lab in the USA at the address enclosed with the instructions.  The professional lab will take your samples and not only give you a positive or negative reading, but will also tell you the level of any positive readings.  The price of the meth test kit already includes the lab fee for analyzing the swabs for methamphetamine residue.  You will receive a copy of the lab results by email within 48-72 hours of the lab receiving the test jars.  Crisis Cleaning has had several different groups of people order our meth test kits, such as realtors, bankers, landlords and new property owners wanting to find out if their property is contaminated with meth.   

Summarily, it is best to be prepared and test your new home BEFORE you buy.  If through circumstances beyond your control, you find yourself with a meth contaminated property, the first of its kind book, The Meth Solution written by Donetta Held of Crisis Cleaning will lead you step-by-step through the decontamination process.