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EPA Can Now Fine Landlords $32,000 for This

Apr 19, 2010| 0 Comment

Most landlords are familiar with the lead based paint disclosure for houses or apartments built prior to 1978. We as landlords / property managers have been using those disclosures for years.

However, EPA has revised its lead based paint rules and regulations in its Lead Based Paint Renovation, Repair, and Painting Program. You can read about how to comply with the requirements of this program in this document: http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf.

Those revisions have a huge effect on landlords / property managers right now because April 22, 2010 is the date for FULL implementation of the rule. This short article is a summary of what you need to do in order to comply with this program.

Property renovators who do renovation on properties built prior to 1978 must have certification as lead based paint renovators. To get the certification, they must take an 8-hour course. Once they take the course, they must apply for certification through the EPA. This process can take up to 90 days.

What this means for property owners / property managers is that personnel you now must hire must have this certification. That means the handyman or who does a make ready for you. It means the maintenance man who does the occasional repair. It means the contractor who does the big rehab project.

You’ll need to document this certification for everyone you hire in this capacity. Make sure you get a copy of their certificate before you put them to work for you. Keep a copy of the certificate in your file.

If you own rental properties in the Oklahoma City area (or anywhere else in the US) and have hired a property management company, you’ll need to verify that your property manager is complying with the new regulations.

My understanding is that the EPA may fine you up to $32,000 per violation. Ouch.

I’d say that means you ought to do whatever it takes to comply.

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