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