|
A fellow board member on the Apartment Association of SE Wisconsin forwarded the email below to me and other landlord-tenant attorneys and others in the industry. It concerns the recent audits of landlords and management companies in the city of Miwlaukee with regard to complying with the federal lead-based paint disclosure laws.
I spoke with a potential client yesterday who was also being audited and had failed to give out the required disclosure forms and pamphlet.
The feds seem to have turned up the heat on this issue.
Please read the email below and also view my blog post on this topic at
Subject: Lead based paint warnings
Ladies and gents
Our benevolent government is comprised of multitudes of faceless bureaucrats with nothing to do so they dredge up projects to justify their cushy jobs, benefits and pensions.
The latest of these to affect our real estate residential industry is that the Dept of Housing and Urban Development (HUD) is auditing landlords to be SURE that they give the required Lead warnings to each incoming tenant. Thie would include the pamphlets and forms you received from us and are instructed to use.
As our buildings were constructed before 1978 (when lead paint was officially banned – even tho nobody used it for years previous), ALL tenants MUST sign the form and get the pamphlet.
For EACH failure to provide the form and pamphlet, the fine can reach $11,000. You can see this could add up to real money real fast.
I urge you to check your files and be SURE the lead form is there for each tenant. Those of you who send your leases to the office usually do not send the Lead form which is usually not necessary for tenant management, but it is vital that the forms are available for one of these audits.
Today the audits are in the City of Milwaukee. A friend of mine was just audited and the HUD guy was there 3 hours and made many copies of stuff. My friend has about 300 units in Milwaukee. They could audit anywhere next.
We will be checking with each of you in the near future to check on this.
This is serious. Do not fail.
Please take heed of this and make sure you are in compliance — the penalties are huge and can easily put a landlord out of business.
|
 |
|
 |
||
Print This Post
#1 by John (Dr Rent) Fischer on August 27th, 2010
| Quote
May the hate mail begin… but this opening comment:
“Our benevolent government is comprised of multitudes of faceless bureaucrats with nothing to do so they dredge up projects to justify their cushy jobs, benefits and pensions.”
Was completely un-needed.
Although the implimenation of the new Rennovate Right rules is a cluster****, the rules about notice requirements and giving out the EPA phamplet have been around for a very long time.
There is really no reason for anyone who has been doing this for more than a few years, or anyone who is a “big” player doing this to not know the rules.
To blame the government for having nothing better to do than ensure that we are complying with one of the very few actual reasonable and easy to comply with long-standing rules to me is inappropriate. What is the point in even making a rule if no one is going to check to make sure it is being followed?
I know.. we all do it… when we get pulled over for speeding, we wonder if the police officer’s time would not be better spent catching real criminals. However, our views change when we live on a 35 mph road where cars regularly do 60… then we wonder why the police are not out catching these speed demons.
Are the penalties out of whack for the “crime”… you will get no dispute on that from me… But is it a bad thing that landlords are being audited to make sure they have complied with the LBP notice requirements… no… I don’t have a problem with that at all.
After all… the reason I am as active in the industry as I am is to demonstrate that landlords are not worthy of the bad rap that they seem to have. And if these audits are done and the final finding is that landlords are incompliance, it shows that we are concered for our tenants’ welfare when it comes to lead based paint.
We are not just providing a product or service… we are providing HOUSING… a basic need… with providing such a basic, fundamental need comes some level of reponsibility. I understand that responsiblity that I have… and most landlords also understand that – and all of the good ones do.
#2 by Tristan R. Pettit, Esq. on August 27th, 2010
| Quote
John — I don’t think you will get any hate mail for your comments.
Your points are well taken.
Possibly I should have chosen to excise that portion of the forwarded email that I received but I chose to keep the email intact as I hate it when people take my thoughts and comments out of context. So I chose to reproduce the email that was forwarded to me in full — warts and all (as they say).
Your points are very well taken however: it it a rather simple law and landlords should be aware of it and be in compliance.
Thanks for your comments.
#3 by Amanda on June 23rd, 2011
| Quote
Tristan,
I have a question/comment pertaining to your lead based paint discussion. I am correct to assume this is right? Citing 35.82 (b) The scope and applicability of Disclosure of Known lead-based paint and or lead-based paint hazards upon sale or lease of residential property. I had an inspection of my buildings done in 1996 by a certified inspector and I have the certificate that says that no lead based paint was found and that we are exempt from following applicable federal laws pertaining to disclosure. It the posting of this certificate in our place of business adequate?
#4 by Tristan R. Pettit, Esq. on June 24th, 2011
| Quote
Amanda — Thank you for your questions, but I cannot give out legal advise via this blog. Your questions is a very “expensive” one (if you get the incorrect answer) so I would reccomend that you hire an attorney to review everything with you.
You also mention this is a business. Commercial leases are aften very different that residential ones and therefore the disclosures are often different.
T