Landlords Worry About Cost Of Toughening Lead Laws

Manchester's west side is full of triple-deckers -- the three floor apartment buildings that for decades have provided no-frills housing for New England's blue collar families……..On this afternoon, the second floor of a triple-decker on Heavey street….. was abuzz with workers completing a lead abatement job.

"Currently, they're getting ready to install cabinets, so all the old cabinet are now gone. The floors are not lead, thank God."

That's Emilia Beloin, a lead hazard specialist with of the Way Home, a non-profit dedicated to boosting the city's supply of safe and affordable housing……Beloin says in Manchester alone there are probably 17,000 rental units in need of lead remediation…….She doesn't expect the bulk of those to be free from potential danger any time soon, but says plenty of lead poisonings -- and there are about 250 statewide each year -- can fairly be laid at the feet of landlords.

"They let the buildings go to hell, that's why we have all the lead problems. If the apartments would be maintained, and the paint would be maintained every time somebody moved out, there would be less of a hazard."

National experts tend to agree that one of the cheapest ways to reduce lead poisonings would be the basic upkeep Beloin suggests…….But landlords say regular maintenance is no guarantee a property is safe…….Franklin Property owner Jason Grevior was cited 3 years ago for multiple lead paint infractions by the federal environmental protection agency. Grevior says the apartment that triggered the problem wasn't rundown

"It wasn't like I did not take care of my buildings, that they looked awful. I mean, I kept up with em. Were they perfect? None of them are perfect. But was it in good shape -- it was in excellent shape."

According to state property owners groups, most NH landlords are pretty much like Grevior: small timers who own rental property for basic reasons -- supplemental income, to pay their kids college tuitions, or perhaps as security for retirement……Grevior says his experience with lead paint taught him that public officials and landlords need to cooperate. Under the terms of Grevior's settlement with the EPA, the bulk of his $28,000 fine was channeled into a program to raise lead paint awareness and help local landlords deal with lead hazards before poisonings occur…..Grevior sees that as a positive, and says hopes the state does enact new policies to address what he sees as a serious problem.….His message to other landlords is this -- take appropriate steps to avoid run ins with the law.

"You better listen, this was a nightmare, a nightmare. A strain on my marriage, a strain on my kids, my kids were young but they knew because everybody was talking,. This was a nightmare."

But for other property owners, the lesson from Grevior's experience is not that that state should ramp up standards or enforcement. Ron Dupont, President of Red Oak properties in Manchester, has had plenty of experience with lead paint……..Sitting in Red Oak's Pine Street headquarters, he volunteers that he may have even suffered minor lead poisoning as a child….More recently, Dupont's been on the losing side of a six figure judgment in a lead poisoning lawsuit……He's also faced state abatement orders…..Dupont says that much comes with the territory given that he owns 640 units…..He adds, though, that he's scared to death by the prospect of new requirements -- particularly the proposal to mandate a building wide inspection if a poisoning takes place in any single unit.

"What happens if it's a 43 unit, there may not be a lot of children in there, but let's just say one gets in there. All of the sudden that person gets lead paint poisoning in that 43 unit. Then you have to de-lead that whole building -- big issue, a large issues for the property owner."

Dupont stresses that the rental market has been tough of late for landlords -- rents have been flat and expenses have climbed…….He says making things harder on property owners will result in shuttered buildings, fewer rental units, and some landlords being unable to meet their mortgages.

"If you want to close up apartment and have people file for bankruptcy? I don't think that's the way you want to address it. I mean, I guess, the question is you have a very tough environmental/economic problem. There is no real answer to it."

Or at least no answer that doesn't come with a potentially hefty price tag……Depending on the circumstances, making an apartment lead safe can range from a under a thousand dollars, to more than 30 thousand dollars for a full lead removal….The estimates for de-leading all state apartments is in the vicinity of a billion dollars…..As policymakers consider more stringent lead polices, concerns over money will be front and center…….And these extend beyond simple renovation and abatement costs……There's also the question of landlord liability……..According to Jonathan Wilson of the Center for Healthy Housing -- a national group that advises cities on lead paint and other hazards -- landlords tend to fight efforts to enact tougher lead polices, unless there is something in the deal for them as well.

"If there is incentive that they will either get some sort of relief on insurance or from liability -- that definitely brings them to the table."

The proposals now on the table include few such incentives, but do call for forming a panel to explore ways to pay for any improvements -- such a per gallon fee on paint, or tax credits for property owners who opt to reduce lead hazards……..But as the debate over lead paint moves to the legislature, the message from landlords is sure to remain succinct, and along the lines of show us the money.