4B — December 23, 2016 - January 12, 2017 — Industry Leaders — Owners, Developers & Managers — M id A tlantic
Real Estate Journal
www.marejournal.com
I ndustry L eaders
By Lee Wasserman, LEW Corporation Address your lead paint and lead hazards programs ASAP!!
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assistance if needed. The only silly question is the one you don't ask! I could start by running through the many crazy real life data points, such as the fact that 1:53 children are recently determined to be lead poisoned. Stats like these from the Center for Disease and Control (CDC) will be sure to expand your sensitivity to the reality of lead poisoning and older (pre-1978) real estate! Instead, I am sharing three major HUD changes (2-regu- latory changes and 1-HUD notice to REAC inspectors & owners).
First, the Department of Housing and Urban Develop- ment (HUD) implemented two recent regulatory changes, and one recent HUD guidance notice to REAC inspectors and federal assisted property owners. On September 1, 2016 HUD published in the federal regis- ter its proposed amendments to its 24 CFR part 35 regula- tions. Most importantly, this includes a change in definition and level of what is to be con- sidered an elevated blood Lead level, aka lead poisoned child. If such a case exists changes have been made to what you
are required to do, who to notify, what time frames to address, and possible require- ments to now assess all other units in accordance. Secondly, HUD issued No- tice H2016-10 to REAC in- spectors, as well as owners and managers of project based rental assisted properties. Notice H2016-10 now requires REAC inspectors to ask 5 basic questions, as well as request and collect copies of all previ- ously regulated lead based paint compliance documenta- tion. REAC inspectors will now be required to ask the following:
•Do you have a Lead-based paint Inspection Report? If yes, they will ask for a copy. IF Not they will check "NO." •Do you have Lead-based Paint Free Certification? If yes, they will ask for a copy. If no they will then ask… •Do you have a Lead Hazard Control Plan or Lead-based Paint Management Plan? IF Not they will check "NO." •Has the property com- pleted its two-year (biennial) lead Risk Assessment reevalu- ations conducted since the initial Risk Assessment was conducted? If yes, the REAC inspector must ask to see all biennial lead reevaluation re- ports. If you cannot produce all the reports, the REAC inspec- tor is instructed to check "NO". •Do you have your required Lead Based Paint Disclosure form for leases not exempted? If yes, the REAC inspector will ask for a copy. With most changes there is both good news and bad news. The good news (for at least 2017-2018) is although all the REAC inspectors will be required to ask the ques- tions and collect copies of all lead required data, it will not be affecting your REAC score YET! The bad news is CDC's “reference value” for a child of lead poisoning concern is to be incorporated into HUD's lead safe housing regulation. This means that they have modified the definition of an elevated blood lead, aka lead poisoned child, to half of its previous value of 10ug/dl to 5ug/dl, which is based on the census data that 1:53 kids will have blood lead levels that exceed this level. So what does this all really mean? It means you should really consider very seriously how well you are properly lead poisoning insured, and even more so, what it would take to get compliant, ASAPrac- tical. Why? Because even though any previous non- compliance concerns will not impact REAC scores, your compliance or lack thereof will be federally recorded and noted. Simultaneously, the risk and probability of a child who resides or recently resided in your property being blood lead tested above 5ug/dl is now much more likely! The unfortunate reality is a blood lead level could easily rise above 5ug/dl from an abun- dance of community sources, continued on page 20B
lint, MI was only the ini- tial shock wave. The real tsunami of lead paint,
lead related hazards, liti- gation, and accountabil- ity for HUD a s s o c i a t e d programs is just about to begin. If you receive, par-
Lee Wasserman
take, score, manage, or own a HUD oriented program prop- erty, I strongly suggest that you familiarize yourself with the contents of this article, and find qualified knowledgeable
Over 20 years experience, unsurpassed service, national relationships, and recognized expertise in the Affordable Housing Industry.
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