PUEBLO, Colo. (KOAA) — Rocky Varela has been paying a mortgage for two years now, but she's unable to safely live in her home.
Varela's mother reached out to News5, hoping we could shine a spotlight on the issue and push for accountability. Varela explained that in January of 2024, she hired a company to replace her furnace and ducts. Documents provided to News5 by Varela show that she agreed to pay more than $30,000 through a loan to have the work done, which started on Jan. 15, 2024. Varela says the company made her aware there was asbestos in her home, and she says she found it odd that they weren't doing anything to mitigate the asbestos while doing the work. On Jan. 23, Varela explained that the company decided to hire a different company to do asbestos testing and the results showed a "major asbestos spill" in her home. Documents obtained by News5 show the spill was reported to the state.
Varela was forced from her home and stayed in a hotel for 11 days. She says the company paid for her stay, and they were working on helping her get back into her home, but then the communication stopped. A representative with the company tells News5 that the communication stopped on Varela's end, but she doesn't agree. News5 is choosing not to name the company at this time, but we're hoping that by spotlighting this story some action can be taken. It isn't clear if the company used licensed contractors to do the work.
"It was because of money that my grandpa saved for me through his life," Varela said while holding back tears. "He passed, and I used the money to buy this house. My grandpa bought us a house."
Varela can't afford the more than $40,000 it would cost to take care of the asbestos issue. She can't return to her home, and she had to leave almost all of her belongings inside. Her insurance won't cover it, and she says the insurance for company that did the furnace work won't handle the issue either.
"I just want the abatement," Varela stated. "I just want this to be covered to get back in my house and to get the necessary items that we need. I just want this to be over with.. to continue our lives."
Varela has been staying with friends of her boyfriend, Caleb Diaz, for nearly two years while paying the mortgage for the home she can't safely enter.
"I just hope something's done," Diaz said while sitting by Varela's side. "I don't want this to get swept under the rug like it kind of feels it has."
News5 has not had contact with the company Varela feels is responsible for about a week, they stopped returning our calls. We will continue to reach out and hope to provide an update on Varela's situation.
Varela has considered legal help, but says that something in the terms and conditions she agreed to keeps her from handling the situation outside of abatement. A lawyer News5 spoke with recommends reviewing those terms and conditions, and thanks to Artificial Intelligence it can give homeowners a major advantage to run sections of those terms through an AI systems and ask it to put it into "layman's" terms for a better understanding of what they are agreeing to. It is important to note, AI does not replace a lawyer, and it could miss important clauses, lack context and ethics.
No investigation has been conducted by the state, and a spokesperson for the state provided some additional information on what a homeowner's responsibility is if a major asbestos spill is detected.
"The division instructed the property owner to restrict access to the spill site," a response from a CDPHE spokesperson reads. "The owner must then submit a permit application to complete the abatement work. We have not received one. Colorado Air Quality Control Commission regulations do not give CDPHE the authority to require that abatement be done within a certain timeframe."
Click here for more information from the state when it comes to asbestos.
News5 will continue to attempt to contact the company and provide any updates on Varela's situation.
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