22B — September 29 - October 12, 2017 — 2017 NJ Governor’s Conference on Housing & Economic Development — Owners, Developers & Managers — M id A tlantic
Real Estate Journal
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2017 NJ G overnor ’ s C onference on H ousing & E conomic D evelopment By Lee E. Wasserman, LEW Corporation Dear Property Owner, Manager, Insurance Underwriter/Claims, and Lenders: A soning/) discussed low-income properties, stating that they are good targets for lead poisoning litigation. fiasco 3) HUD issued Notice H2016- 10 for REAC Inspectors. s a 25-year, nationally respected subject ex- pert, I strongly believe
tial properties that have not achieved Lead-Based Paint Free Certification. These exist- ing lead paint regulations will now be coupled with some NEW notices & regulations from HUD that are in motion and gaining national momentum! The below recent HUD chang- es and other Governmental Lead Paint & Lead Hazard reg- ulatory requirements are poten- tially going to collide with one another. These local regulatory responsibilities will most likely become the universal catalyst to identify a substantial number of children with Elevated Blood
Lead Levels. This increased identification of children with Lead Poisoning will most likely create a corresponding increase in the number of families filing lawsuits for lead poisoning. If litigation or claims related to Lead Poisoning increase, my instinct tells me that insurance providers will pass on costs to the insured and lenders will take steps to protect their risk taking practices. Here are the details: 1) 2012 CDC Advisory board recommends 5ug/dl as the “Ref- erence Value” 2) Flint MI – Lead in water
that my pre- dictions of the future of Lead P o i s o n i n g claims and li- abilities has a very strong probability of playing out as detailed below.
4) HUD issued Amendment to 24 CFR Part 35 – 5ug/dl & Elevated Blood Lead investi- gation. 5) CDC issued 5-year advisory panel’s most recent report. 6) Gov. Chris Christie, signed mandatory lead in water testing in schools, ($10,000,000 issued). 7) Gov. Chris Christie, signed law lowering NJ Elevated Blood Lead level to 5ug/dl. 8) Lawyer(https://trofire. com/2017/05/08/papantonio-los- angeles-overwhelmed-lead-poi-
9) NYC Housing Authority, accused of falsifying Lead test- ing data for over two decades (20yrs)(http://www.nydaily- news.com/new-york/nycha-lied- inspecting-homes-lead-paint- probe-finds-article-1.3361166 10) August 10, 2017 HUD issued Notice PIH 2017-13 (OHHLHC 2017-1), which de- tails responsibilities of what a HUD federally subsidized housing program must do to comply with a child with a 5ug/ dl or greater. 11) NJ DOH issues amend- ed regulation NJAC 8:51 (09/18/2017) effectively imme- diately. NJAC 8:51 detailed what the NJ Department of Health programs must do once a child with a 5ug/dl or greater is identified. I have observed the following: • CDC lowered the level of what is considered an Elevated Blood Lead level (Lead Poi- soned) and calls it a Reference Value (0.5ug/dl). NYCDOH and other programs begin to advise parents of levels >5ug/dl via written letter to occupants only. • Flint, MI enters into Lead Poisoning Litigation for failure to properly manage the city’s potable water and potentially poisons hundreds of its resi- dents. • During this time, the HUD Office of Healthy Homes and Lead Hazard Control submits to Office of Management and Budget a request for changes to 24 CFR Part 35-HUD’s Lead Safe Housing Rule. HUD is- sues Notice H2016-10 advising all HUD REAC inspectors to begin to request proof of Lead regulation(s). • In early 2017, OMB publishes HUD’s OHHLHC 24 CFR Part 35 changes. • New Jersey Gov. C. Christie, under the pressure of Flint, signed law and appropriated $10,000,000 to all NJ schools for lead in water testing. • On 2/06/2017 Gov. Christie signed a law to lower the Blood Lead level of intervention in NJ from a previous single venial blood lead level of 15ug/dl or greater; or two back-to-back blood lead levels of >10ug/dl. • As 5ug/dl is considered an Elevated Blood Lead Level, coupled with the total acces- sibility worldwide to inhale or ingest such low levels of Lead, continued on page 26B
Lee Wasserman
For years you and your prop- erty have had a series of regula- tory responsibilities with your pre-1978 portfolio of residen-
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