Is Your Rental Property “Lead Safe”?

MAJOR CHANGES REGARDING "LEAD SAFETY" THAT AFFECT MANY OF OUR CLIENTS...AND RAISE IMPORTANT QUESTIONS FOR OTHERS

If you're involved in real estate in any way, as an owner, a tenant, a realtor, etc., lead safety and lead safety compliance is critical. Any houses built (and painted) before 1978, which are the vast majority in most of the country, but especially the Northeast, very likely have lead in them. Lead poisoning is a serious issue that does irreparable harm to children and protecting citizens is an important function of government. But how much do you know about the lead safety requirements in your state? Covid placed a magnifying glass on landlord/tenant relationships and it's become a favorite topic for lawmakers across many states.

The State of Rhode Island (where Nexus' franchise headquarters is located) recently released a memo outlining legislative changes and the demands are quite steep. If you don't live or own property in Rhode Island, it's important to appreciate that legislation is typically geographically sticky, which means RI may have adopted some of this from where you live, or similar regulations may be on the table in your locale very soon. Therefore, it's important you do your due diligence, or hire someone else who will, to ensure you're in alignment with state lead safety regulations.

VIDEO HIGHLIGHTS:

It is important to make sure living spaces are safe for children and lead safety is an important issue.

Many of the rules and regulations already exist but have been loosely enforced. New legislation adds financial consequences for landlords who don't meet safety requirements.

There is a big difference between LEAD FREE and LEAD SAFE and to reach the level of LEAD FREE you'd likely have to strip the entire building of any paint. This is not a realistic expectation due to exorbitant costs.

LEAD SAFE should be your realistic goal. It will still be costly and units will need to be inspected every 2 years. This would be done by successfully encapsulating any lead paint.

State and local governments may offer some financial assistance through forgivable loans but they are minor allowances compared to expected costs.

Owners need to take this seriously and act sooner than later to avoid consequences. At the very least, begin planning now.

NEXUS PROPERTY MANAGEMENT IS ALREADY LINING UP VENDORS AND HAS ATTORNEYS READY TO ASSIST OUR CLIENTS

LEARN MORE: Links to State Regulatory Agencies:

-RHODE ISLAND DEPARTMENT OF HEALTH: Lead Poisoning Information For Landlords

-MASSACHUSETTS: Learn More About Massachusetts Lead Law

-NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES: Information for Property Owners

-CONNECTICUT LEAD PAINT STATUTES AND REGULATIONS

-NEW YORK STATE DEPARTMENT OF HEALTH: Laws and Regulations For Lead Poisoning

-ARIZONA DEPT. OF HEALTH: Lead Poisoning

SOLUTIONS:

Regardless of where you live, you need to take lead safety seriously. Even in our Arizona territory, where there is a much newer housing inventory, owners want to do all they can to avoid responsibility and liability for any lead exposure. The best first step you can take is to read up on your state’s requirements. Follow any action steps or recommendations to the best of your ability. If you have questions or need assistance in meeting mandated requirements, a professional property manager is a great resource.

If you live in or own property in Arizona, Connecticut, Massachusetts, or Rhode Island, contact our teams directly to ensure you fully understand what’s expected of you as a landlord in your state.

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Mick Lefort is the General Manager of Nexus' New Haven County Franchise Office and the Vice President of Operations for Nexus Property Management®, a National Property Management Franchise that manages all types of rental property from single family homes or condos to large apartment buildings and complexes.

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