The Trainer

Site Health and Safety Issues

In this issue, we discussed two topics important to the health and safety conditions at your site: lead-based paint and bedbugs. Here are some summary points to keep in mind.

FEDERAL LEAD DISCLOSURE REQUIREMENTS

If your building was built before 1978, when lead paint was banned nationwide, you must disclose the presence of lead hazards in rented units and common areas at your site.

Site Health and Safety Issues

In this issue, we discussed two topics important to the health and safety conditions at your site: lead-based paint and bedbugs. Here are some summary points to keep in mind.

FEDERAL LEAD DISCLOSURE REQUIREMENTS

If your building was built before 1978, when lead paint was banned nationwide, you must disclose the presence of lead hazards in rented units and common areas at your site.

In assisted housing, the completed and signed lead disclosure form is a required attachment to the lease. Give it and the required pamphlet to applicants before you sign the lease.

Some state and local requirements are tougher than the federal disclosure requirement. Consult your attorney about specific requirements for your location. Remember that meeting federal requirements does not mean you also automatically meet state and local requirements.

Once you are aware of any lead hazard at your site, or even if you merely suspect a hazard, you are obligated to investigate the problem and take steps to correct it.

BEDBUGS

You cannot treat a bedbug infestation in the same manner you treat other pests. You have to be more aggressive and use more resources. You have to anticipate that bedbugs will migrate from one unit to another.

It pays to find an experienced pest control vendor to work with. Avoid anyone who promises one-visit, sure-thing chemical treatments. Entomologists advise that you use a multiple-treatment approach, to kill hatchlings as well as adults.

To keep infestations from appearing—or worse, from reappearing—educate your residents about the problem, especially about the undesirability of bringing used furniture onto the site.

 

TRAINER'S QUIZ

INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

Question #1

Bedbugs are confined to the northeastern United States. They are unlikely to be found in other regions of the country. True or false?

  1. True.

  2. False.

Question #2

It is usually an easy matter to prove that a bedbug infestation is the responsibility of a resident. Managers should expect residents to bear some of the cost of treatment even if there is not a specific provision in the lease. True or false?

  1. True.

  2. False.

Question #3

Fill in the blank: Bedbug bites __________ produce a site reaction like a welt or swelling.

  1. Always.

  2. Sometimes.

  3. Never.

Question #4

The Smithville Pest Control Company has no experience dealing with bedbugs, but its quote to treat your site is 15 percent less than the quote from the Jonesville Company, which does have experience. Which company should you hire?

  1. Smithville.

  2. Jonesville.

  3. Neither one.

Question # 5

Your pest control company has been lax in sending a report on its activities at your site. Should you let it slide, even though the company promised a report in your service contract?

  1. No, make an issue of it.

  2. Yes, you can let it slide. It's no big deal.

Question #6

Fill in the blank: The federal lead disclosure law applies only to housing built before 1978 __________.

  1. whether or not there are children in the unit.

  2. and only if there are children in the unit.

  3. and only if the unit is subsidized by HUD.

Question #7

The only lead hazard at your site was in a common room and was cleared years ago. Do you have to report it?

  1. Yes.

  2. No.

Question #8

If you have a known lead hazard in one of your units, the familial status provision of federal fair housing law does not apply. You can lawfully keep residents with children out of that unit.

  1. True.

  2. False.

Question #9

You attach a federal disclosure form with every current lease. Do you have to issue a new one at every lease renewal?

  1. Yes.

  2. No.

 

ANSWERS & EXPLANATIONS

 

Question #1

Correct answer: b

False. Bedbugs are not limited to one region of the country. They have been found from Seattle to Indianapolis to New York City.

Question #2

Correct answer: b

False. Courts are not likely to find resident negligence to be the cause of a bedbug infestation. Bedbugs migrate from place to place very easily, and without knowledge or fault of residents or their guests. It is probably wasted effort to go to court to try to pin eradication costs on residents. Ask your lawyer for advice, though, especially about any lease language you are contemplating.

Question #3

Correct answer: b

It is important to realize that not every person will feel the bites of a bedbug. Others may be slow to understand or report the problem. It is important to treat units and common areas near the known infestation sites even if you haven't had complaints about those areas. Bedbugs migrate quickly and easily, and you need to consider that in your treatment plan.

Question #4

Correct answer: b

Price is not the only consideration in choosing a vendor. Choose the company with more experience. You need someone who already knows what to do and can get started right away, before the problem gets worse.

Question #5

Correct answer: a

You should make an issue of it. You need the company's report to document in any legal action that you addressed the bedbug problem at your site in a responsible way. Don't depend on the vendor's ability to come up with a report in the future if you need it.

Question #6

Correct answer: a

The presence of children has no bearing on the disclosure requirement. You must fill out the disclosure form for the household regardless of the ages of any children in the household.

Question #7

Correct answer: a

HUD says yes on both counts. If the federal disclosure law applies to your site, you must disclose any lead paint or lead hazards found in common residential areas, and you must disclose it even if the information you provide shows the lead-based paint has been removed or the lead-based paint hazards have been corrected.

Question #8

Correct answer: b

False. The presence of lead paint or a lead hazard does not excuse a site from following fair housing requirements. In addition, you may not refuse to rent to a household with children to avoid having to follow lead paint requirements.

Question #9

Correct answer: b

If you already have a signed form on file and you have already given the resident the required pamphlet, you only need to execute a new disclosure form at lease renewal if there is something new for you to disclose.

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