LEAD-BASED PAINT UPDATE
BY GREG CARLSON,
RAM,
CPM, nyarm
HUD mortgage insured properties will have to comply with new guidelines by September 15, 2000.
Pre-1960 built properties:
1960-1977 built properties:
If a building receives more HUD assistance than mortgage insurance, they have more stringent requirements to fulfill. If this applies, please contact your local HUD office for the correct information.
As previously reported as of June 1, 1999, if a building was built before 1978, it falls under the Federal Environmental Protection Agency's (EPA) Renovation Disclosure Compliance. As of June 1, 1999 any renovation (or any persons performing renovations for compensation) must give the affected unit(s) a lead hazard information pamphlet and obtain a signed acknowledgment from each recipient. This new regulation will place another layer of paperwork on the building. Although it is the contractor who must provide the information, the contractor's extra costs will be passed on to the building. EPA in Part II of Interpretive Guidance has issued further clarification. Some highlights are:
· More than one contractor on a renovation? The general contractor is basically responsible.
· If there is no general contractor but many contractors? If proof can be given that a prior contractor has given out the notice and pamphlet, there is no need to duplicate the effort.
· Delivery to a managing agent is deemed as giving notice to the owner.
· A renovation performed by the owner or staff falls under these regulations.
· Exterior work is deemed as a "common area". Therefore these disclosure rules apply.
It holds true as well for terraces/balconies that are not enclosed.
· You can seal off an area. The work area is said to be temporarily excluded from the common area of the building because it is not accessible to residents. To qualify, the work area must be an area which is enclosed by a wall, fence or other permanent or temporary barrier, which prevents access by residents. (i.e. laundry rooms). Rope, tape, pylons etc. are not acceptable.
· An "emergency repair" is a repair that addresses safety or public health hazards or threats of significant damage to equipment and/or property. For example, a burst pipe. The emergency repair would be the opening of the wall or ceiling, fixing of the pipe (the further opening of the wall or ceiling if the portion was ready to come down or threaten harm in any way), period. The fixing and painting of the wall or ceiling would fall under these regulations.
For the complete EPA Interpretive guidance, visit Greg's web site "fnyhc.org" under "legislation."
NEW YORK CITY LOCAL LAW 38
New York City Local Law 38, goes into effect November 12, 1999. Remember, only pre-1960 built buildings are affected. In addition:
1. Annual notices must be on a separate form from the window guard notices, but can be delivered at the same time.
2. When the Department of Health issues their pamphlet, it will be different from the Federal pamphlet. You may end up issuing two different pamphlets to the same unit. EPA and the Health Department are working on a joint pamphlet but it will not be ready before January, 2000.
3. If an inspection is required, most management companies will hire outside inspectors and pass the cost onto the building.
IMPORTANT NOTICE
DEPARTMENT OF FINANCE ENHANCED STAR PROGRAM
The Department of Finance has recently sent out recertifications to the recipients of the Enhanced STAR Exemption. This two-sided one page recertification will be done annually. Failure to return the completed form will result in the loss of Enhanced STAR exemption benefits. Deadline to return the completed form is January 5, 2000.
DHCR OCCUPANCY STANDARDS
The Division is contemplating new occupancy standards for those buildings under their direct jurisdiction, including cooperatives. DHCR's memo states "The proposed occupancy standards address the privacy needs of households headed by single persons and joint leaseholds of the same sex, while continuing to acknowledge the need of larger families, for the limited stock of three and four bedroom apartments."
DEC BOILER REGISTRATION
If your building has a burner that burns oil, you must register the boiler with the New York State Department of Environmental Control (DEC). Notices have been sent out to buildings and agents but DEC's mailing list is antiquated, therefore you may not have received it. There are three levels of registration depending on the fuel consumption in your complex. Note --- DEC has been issuing noncompliance violations to buildings that did not register and fining those properties tens of thousands of dollars.
ELECTRIC DEREGULATION
With all the confusion concerning electric deregulation, a new Energy Service Company (ESCO) is consumer oriented. 1st Rochdale Cooperative is an energy company that is owned by buildings who belong to 1st Rochdale. They are not just an energy provider, as the other ESCO's. Similar to what happens when you belong to a cooperative, there are no investors, so the consumers are the owners. In addition, they will do energy audits on your building to see what can be done to reduce your demand side, which will save you kilowatts and money. Now is the time to think about the next phase in the deregulation process, which starts in January 2000. Start now in preparing your building. Talk to all the "ESCO's" and talk to 1st Rochdale, you will be surprised in what you hear. For further information, please call 1st Rochdale at 212-673-3900.