Apartment Trends Magazine April 2017 | Page 45

ers about the critical role of the NFIP to our industry and the need for a long-term reautho- rization of the program. NAA/NMHC submitted statements for the record in advance of both hearings and welcomed them as a good first-step in moving towards re- authorizing the NFIP, which is critical to most apartment communities across the country where it is the only available option for flood coverage. In addition to calling for a long-term reauthori- zation of the program, NAA/NMHC have spe- cifically called attention to the need for Congress to include sensible reforms to the program includ- ing improving the accuracy of FEMA flood maps; increasing apartment communities’ access to flood mitigation funding and programs; expanding the NFIP to include Business Interruption coverage for rental properties; and providing Replacement Cost Value (RCV) instead of Actual Cost Value (ACV) to damaged apartment properties in the wake of a disaster. Testifying at both hearings was Roy Wright, FEMA’s Deputy Associate Administrator and the NFIP’s head. Wright joined NAA/NMHC in calling for a long-term reauthorization of the program to ensure real estate market stability and also has called for many of the same program- matic reforms as NAA/NMHC such as increased mapping accuracy and prioritization on pre-di- saster mitigation efforts. NAA/NMHC will continue to advocate for a long-term reauthorization of the NFIP and common-sense reforms that ensure all rental properties continue to have access to affordable, quality flood insurance. HUD Changes Lead-Based Paint Rules for Federally Assisted Housing The Department of Housing and Urban Af- fairs (HUD) has updated the Lead Safe Housing Rule (LSHR) to reflect the advice of the Centers for Disease Control and Prevention (CDC) with regard to children’s blood lead levels for all feder- ally assisted housing. The revised rule adopts a lower threshold for children’s blood lead levels, dropping the lead level that requires action by apartment owners from 10 ug/dl to 5 ug/dll. Un- der the rule, children with an elevated blood lead level of 5 ug/dl, housing providers are required to perform a series of interventions, including notifying the HUD field office and the Office of Lead Hazard Control and Healthy Homes and performing a risk inspection of the child’s hous- ing unit and the common areas serving it. It is no longer sufficient to visually inspect these areas for deteriorated paint; under the updated rule a cer- tified risk assessor must make the determination regarding the presence of potential lead hazards. The rule also provides HUD the authority to recalibrate this level based on national survey data. This new level matches that recommended by the CDC which describes levels in excess of this amount as “elevated blood lead levels” (EBLL). While the LSHR applies to all federally owned and assisted housing built prior to 1978; the re- quirements vary per program, including which party or individual is responsible for various ac- tivities. Lead hazards have always been defined as deteriorated paint and dust and soil that con- tain lead. Any lead hazards that are identified must be remediated using established HUD protocols and clearance testing is required. If lead hazards are found in the course of the risk assess- ment, HUD requires that other units on the property in which children under six years of age reside or are expected to reside be inspected for potential lead hazards. HUD initially proposed extending the duties of the property owner to evaluate and control of all sources of lead for a child with an elevated blood lead level, however this was not included in the final rule. In a comment letter, NAA/ NMHC objected to the implication that prop- erty owners should be responsible for munici- pally supplied water as this has been identified as a source of lead exposure or other household items not under the control of the property owner. HUD has indicated that they are working on compliance assistance tools for the regulated com- munity however these materials are not yet avail- able. The rule will have a six-month phase-in period and a compliance date of July 13, 2017. AAMD PowerMixer @ Coors Field Tuesday, May 9 Rockies vs. Chicago Cubs Mixer @ 4:30pm Game @ 6:40pm www.aamdhq.org APRIL 2017 • TRENDS | 43