Real Estate Journal — Green Buildings — November 24 - December 7, 2017 — 15B


M id A tlantic

G reen B uildings

By Lee E. Wasserman, LEW Corporation Lead poisoning and your regulatory responsibilities


s a 25-year, nation- ally respected subject expert, I strongly be-

los-angeles-overwhelmed-lead- poisoning/) discussed low- income properties, stating that they are good targets for lead poisoning litigation. 9) NYC Housing Author- ity, accused of falsifying Lead testing data for over two de- cades (20yrs)(http://www. nydailynews.com/new-york/ nycha-lied-inspecting-homes- lead-paint-probe-finds-arti- cle-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 im- mediately. 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 follow- ing: • 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). NYC DOH

and other programs begin to advise parents of levels >5ug/ dl via written letter to occu- pants 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 pub- lishes HUD’s OHHLHC 24 CFR Part 35 changes. • New Jersey Gov. C. Chris- tie, 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 ve- nial blood lead level of 15ug/dl or greater; or two back-to-back continued on page 26B

lieve that my predictions of the future of Lead Poison- i ng c l a ims and liabili- t i e s has a very strong probability of playing out as detailed below.

Lee Wasserman

For years you and your property have had a series of regulatory responsibilities with your pre-1978 portfolio of residential properties that have not achieved Lead-Based Paint Free Certification. These existing lead paint regulations will now be coupled with some NEW notices & regulations from HUD that are in motion and gaining national momen- tum! The below recent HUD changes and other Governmen- tal Lead Paint & Lead Hazard regulatory requirements are potentially going to collide with one another. These local regulatory responsibilities will most likely become the universal catalyst to identify a substantial number of chil- dren with Elevated Blood Lead Levels. This increased identi- fication of children with Lead Poisoning will most likely cre- ate 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 “Reference Value” 2) Flint MI – Lead in water fiasco 3) HUD issuedNoticeH2016- 10 for REAC Inspectors. 4) HUD issued Amendment to 24 CFR Part 35 – 5ug/dl & Elevated Blood Lead investi- gation. 5) CDC issued 5-year adviso- ry panel’s most recent report. 6) Gov. Chris Christie, signed mandatory lead in water test- ing 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-



800-783-0567 info@LEWCorp.com


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