Real Estate Journal — Owners, Developers & Managers — Industry Leaders — December 27 - January 16, 2020 — 11B
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By Lee E Wasserman, LEW Corporation How to Address your Lead Based Paint and Lead Hazard Program
T
he real tsunami of lead paint, lead related haz- ards, litigation, and ac-
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. Because even though any previous noncompliance 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, toys in mouth, religious, and country of origin products as well as the grandparents, brothers, sisters, aunts, cous- ins, daycare, and many, many other locations that the child could "temporarily" visit. Ad- ditional accessible sources, coupled with amendments to regulations and department of health policies, will require an investigation of the child's residence regardless of actual source of lead. Some states
have also already adopted 5ug/ dl as their blood lead level of concern. The above really means that although the short-term risk of a poor REAC score is not like- ly, the reality of having a child with an elevated blood lead level on your property is. If you fail to comply with the record- ing of government documen- tation, it will create the ideal situation for a plaintiff-initi- ated lead poisoning litigation case. It will be substantially more challenging to defend and in most cases substantial more expensive and stressful.
This is especially true if ANY lead-based paint or lead based paint hazards (lead dust, lead soil, lead water) are identified in or on your property. To summarize, check your lead poisoning litigation in- surance coverage, gather your lead-based paint reports, certifications, hazard control plans, and disclosures. Use these to assess your compli- ance level (or connect with subject expert to Assist). Promptly address the easy items that may be identified as deficient, and the heavy continued on page 14B
countability for HUD as- sociated pro- grams has begun. If you receive, par- take, score, manage, or own a HUD oriented pro-
Lee E. Wasserman
gram property, I strongly suggest that you familiarize yourself with the contents of this article, and find qualified knowledgeable assistance if needed. The only silly question is the one you don't ask. The Department of Hous- ing and Urban Development (HUD) implemented two re- cent regulatory changes, and one recent HUD guidance notice to REAC inspectors and federal assisted property owners. In 2016, HUD published in the federal register its pro- posed amendments to its 24 CFR part 35 regulations. Most importantly, this includes a change in definition and level of what is to be considered 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 requirements 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 are required to ask the following: • Do you have a Lead-based paint Inspection Report? • Do you have Lead-based Paint Free Certification? • Do you have a Lead Haz- ard Control Plan or Lead- based Paint Management Plan? • Has the property com- pleted its two-year (biennial) lead Risk Assessment reevalu- ations conducted since the initial Risk Assessment was conducted? • Do you have your required Lead Based Paint Disclosure form for leases not exempted?
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