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March 2022 Update: Lead - Disclosure Requirements and Possible Fair Housing Repercussions

March 2022 Update: Lead-in-Housing

BREAKING NEWS! The federal government announced that, as of March 2022, it will reverse itself on two prior points of guidance related to lead-in-housing. The Environmental Protection Agency (EPA) has modified official guidance for property management companies and other housing providers issued in 2018 that affirms housing providers’ responsibility. EPA confirms landlords and property managers will be held accountable for lead-safe renovation/repair/painting disclosures and work-safe practices even when the work is outsourced to lead-certified firms.


Despite being federal law for well over two decades, some housing providers are not aware of federal disclosure requirements for residential properties built prior to 1978.


In addition, new requirements were added in 2008 stipulating that housing providers also disclose prior to many repair and renovation projects in pre-78 housing. The latest EPA guidance (spring 2022) contradicts some earlier guidance and reaffirms housing providers’ liability for compliance.


Many of those who have tried to limit liability have found themselves in fair housing hot water. Noncompliance with the lead-based paint requirements can be very costly – and so can fair housing cases.


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Did You Know?

-Did you know that any residential property built prior to 1978 may contain paint laced with lead?
-Were you aware that lead ingested into the body is highly toxic and that this is especially true for young children?
-Are you familiar with all of the federal requirements related to lead-based paint in housing and your responsibilities for each?
-Do you know there are a couple of fair housing-related hazards?


As the owner, portfolio manager, leasing agent, or maintenance manager of a pre-78 property, you should know:


-you have multiple, proactive federal disclosure requirements
-the law also mandates specific documentation be made and stored for federal review upon request
-these requirements must be met prior to contract, as well as before many repair or renovation projects begin
-HUD (Housing and Urban Development) and the EPA (Environmental Protection Agency) police these requirements and enact stiff fines for those in violation
-in addition, lawsuits sometimes require the extremely expensive remediation (removal) of lead-painted surfaces
-the housing providers who aim to limit their lead liability exposure by denying housing to those with disabilities and families with children run afoul of yet another costly legal pitfall by violating the Fair Housing Act.


You should also be familiar with the very latest word from EPA on the subject! This training will help you avoid the costly mistakes of others by informing you of your requirements and directing you to federally mandated literature and documentation.




What Will You Learn?

-Federally mandated requirements of housing providers as it relates to lead-based paint in housing?
-When and under what circumstances disclosures must be made?
-What documentation is required, and how long must it be maintained?
-Where to find HUD- / EPA-approved disclosure forms and educational pamphlets for consumers?
-Understanding potential fair housing violations related to lead-in-housing and how to avoid them




Training Core Topics

-Why is lead such a concern in housing?
-Brief History of Lead Regulation 
-Review of new EPA Guidance issued March 2022
-The Lead-Fair Housing Nexus
-Living ‘Lead-Safe’




Who Will Benefit?

-Leasing managers
-On-site managers
-Portfolio managers
-Compliance officers
-Resident services coordinators (in affordable housing communities)
-Maintenance and service technicians
-Community concierges (in high-end housing communities)
-Independent landlords or small operators 


You may ask your Question directly to our expert during the Q&A session.


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