Safe lead removal tops owners' concerns.

The most serious challenge facing the majority of property owners in New York City at the onset of the new year is pending action by the City Council on regulations for the safe removal of lead-based paint. The Rent Stabilization Association (RSA), representing 25,000 members who collectively own or manage over one million apartments in the City, has requested the Council to study seriously the latest scientific and statistical evidence on lead paint removal and the sources of lead paint poisoning in children, and, based on this evidence, amend current requirements in order to best protect the health and safety of our children.

In order to comply with Court orders. the Department of Health and the Department of Housing Preservation and Development have been forced to issue new regulations for complete and total removal of lead paint that are unrealistic and harmful to both the public and private rental housing industry. Taxpayers and rental housing owners alike will have to bear the extremely high costs of compliance with these new regulations.

Requirements for full abatement of lead paint and a broader definition of lead paint, mandated by the Court, cannot be reasonably implemented by either the private housing industry or the City and will, according to HPD's statements, "ultimately . . . exacerbate the lack of affordable housing. . . without achieving the goal of protecting the safety of children."

Even the U.S. Environmental Protection Agency, an agency often characterized as overzealous in its pursuit of environmental safety goals, does not consider intact lead-based paint to be hazardous. The EPA relying on the most current epidemiological and environmental evidence - only considers paint in deteriorated condition, i.e., chipping and peeling paint covering more than two square feet of an interior surface, to constitute a hazard.

According to the EPA, ingestion of lead-contaminated dust and soil is the primary pathway of lead exposure to children under six years of age, and dust is contaminated by lead when lead-based paint is disturbed in the course of renovation, repair or abatement activity. Removing intact lead-based paint actually poses a greater risk to children than simply leaving it undisturbed.

Besides compromising the health of children, total removal of intact lead-based paint would be a financial disaster for the City. HPD estimates the cost to taxpayers to follow the mandates imposed by the Court to be over $100 million annually, and the cost of abatement in a private dwelling unit at least $15,000. The regulations also expand the requirements to include any abatement. With approximately 1.5 million units of pre-1960 construction, the cost of total abatement would exceed $2 billion.

Rental property owners unable to afford such costly and unnecessary measures will choose to abandon sorely needed housing units rather than abate. Limited resources will be diverted from housing at the greatest risk of abandonment - older properties in poorer neighborhoods where the vast majority of lead poisoning cases occur.

A responsible proposal for dealing with lead-based paint will incorporate the reality that intact lead-based paint carries no threat to children, whereas total abatement of lead paint is a real and severe threat to children. For their protection, lead hazards of more than two square feet of deteriorated paint on an interior surface should be identified, and owners should be encouraged to provide prompt remediation using simple, effective methods that protect the immediate surroundings. A reasoned, cautious approach will promote abatement efforts and provide the greatest safety for children without sacrificing already scarce units of housing.

RSA will continue to address other issues important to property owners, too. Currently, RSA has formed a committee to organize and solicit contributions for the defense of parties affected by a Court decision which would virtually create a new class of protected tenants. A tenant who rented an unsold unit in a building after its conversion to a cooperative was granted eviction protection in Kings County Housing Court as a "non-purchasing tenant" under provisions of the Martin Act.

Previously, tenants who rented from either the sponsor or holder of unsold shares subsequent to conversion to a cooperative were considered to be "free market" tenants who could be lawfully evicted at the end of their lease term. If this decision is not reversed on appeal, sponsors and owners of unsold shares will face the same dilemma confronting owners of other regulated units - tenants who cannot be evicted.

Just as RSA leads in fighting the endless regulations that continually threaten the housing market, we also lead in providing services vital to managing rental property in a regulated environment. We offer a Rent Registration Service, a lease Renewal Service and a Window Guard service to keep owners in compliance with annual regulations. We distribute a monthly newsletter designed to keep owners up to speed on new rules and requirements.

RSA lets owners take advantage of the power of bulk purchasing of heating oil through our Fuel Purchasing Program. As one of three executive committee members of the Electric Power Purchasing Alliance, RSA plays a key role in efforts to negotiate the best prices and contract terms for electric procurement for our members.

Throughout the coming year, members will benefit from the helpful information our counselors dispense, as well as from RSA's Realm Express and Realm Online (property management and accounting tools for small to mid-sized owners), a Group Health Insurance program, a Legal Services Plan and Court & Credit (the most advanced tenant screening service available). RSA makes required forms and riders available to members at discounted rates, and we've added the most comprehensive vacancy lease on the market. Contact Michael Printz at [phone] for more information on our services.

This last year of the 1900's promises to be another good year for the rental housing industry, one in which RSA will continue its commitment to serve property owners large and small.