Presentación y Análisis de los Resultados

D

S

The federal lead hazard disclosure law requires property owners to communicate the presence of known lead-based paint and lead hazards to the prospective buyer or tenant when selling or renting a property built before 1978. However, disclosure requirements are not consistently implemented or understood. As a result, buyers may purchase properties without knowledge of existing and identified lead hazards. To ensure that buyers are informed of these lead hazards, copies of lead hazard violations, repair orders, and clearance reports could be attached to the property deed and available for review through the title search. Attaching property-specific lead hazard information to the deed would also offer the potential to monitor future disclosure of the identified hazards to prospective and renewal tenants in the property.

B

Immediate/Direct Results: Documented hazards alert prospective purchasers and tenants to hazards. If prospective purchasers are unwilling to purchase properties with existing lead hazards and bear the cost of repair, property owners may be motivated to remediate hazards.

Public Health Benefits: Properties that have already been identified as sources of potential or actual poisoning receive attention. As a result, future occupants with young children will be living in a lead-safe environment.

Other Indirect/Collateral Benefits: Attaching property-specific lead hazard information to the deed allows the public agency to track and document owner knowledge of lead hazards. This public record could be used to verify compliance with disclosure requirements and bolster enforcement, thereby ensuring that a greater number of new or renewal rental tenants receive disclosure.

S

P

I

Staff requirements: No additional full-time staff is required to successfully enact this strategy. Implementation requires only the cooperation of existing Registry of Deeds staff.

Other resource requirements: N/A

Institutional capacity required: The federal disclosure law requires property owners to divulge known information about lead-based paint and lead hazards. The Registry of Deeds must be given the authority to attach lead hazard violations, repair orders, and clearance reports to individual property deeds. Statutory authority to issue code violations on lead hazards (and/or standards for issuing orders to reduce identified lead hazards) increases the impact of the disclosure law.

Cost considerations: Attachment to title involves the cost to process the appropriate paperwork. Using the illustration below, the average cost is $24 per order (based on one charge for the first page and a lower charge for each additional page). The charge varies based on the length of the order.

Using Code Enforcement and Other Systems

ATTACH PROPERTY-SPECIFIC LEAD HAZARD INFORMATION TO PROPERTY DEEDS

Timing issues: None.

Feasibility of Implementation: Very high. With no new funding, training programs, staff members, or equipment required, this strategy is easy to implement and should be viable in most jurisdictions.

P

O

/B

The Registry of Deeds must have the statutory authority to attach orders to the deed, so jurisdictions interested in implementing this strategy should check current regulations and advocate for the appropriate changes.

Another consideration is ensuring that confidential information related to any associated blood lead tests taken during the identification of the hazards is handled appropriately.

A

R

N/A

I

S

P

If a lead investigation reveals an existing or potential lead exposure hazard, the State issues an Order of Lead Hazard Reduction (order) on the property, which requires that all lead exposure hazards be corrected. Under federal law, property owners are required to disclose the presence of lead hazards when selling or renting a property, but owners do not always comply. To ensure that buyers are aware of an outstanding order, the New Hampshire Childhood Lead Poisoning Prevention Program (NHCLPPP) sends all orders to the Registry of Deeds, which then attaches the order to the property deed. In the event that the owner attempts to sell the property without proper disclosure, the purchasers will discover the order during the routine title search.

Jurisdiction or Target Area: New Hampshire

Primary Actor: New Hampshire Department of Health and Human Services, Office of Community and Public Health, Childhood Lead Poisoning Prevention Program.

Secondary Actor(s): N/A

Staffing utilized: No additional staffing was required. The only additional effort required is printing a second original order and obtaining a signature from the NHCLPPP director.

Other resources utilized: N/A

Factors essential to implementation: The Registry of Deeds must have the authority to attach lead hazard violations, repair orders, and clearance reports to individual property deeds.

Limitations/challenges/problems encountered: This is an indirect strategy that strengthens the federal disclosure law and helps ensure that buyers are aware of untested lead hazards.

Magnitude of Impact/Potential Impact: NHCLPPP expects the attachment to increase the number of properties coming into compliance over time, as owners will be motivated to remediate hazards in order to sell the property.

Potential for replication: Very high. NHCLPPP has found this to be simple, low-cost strategy to implement.

Using Code Enforcement and Other Systems

ATTACH PROPERTY-SPECIFIC LEAD HAZARD INFORMATION TO PROPERTY DEEDS

Contacts for Specific Information

Michelle Dembiec Kathi L. Guay

Program Manager Register of Deeds, Merrimack County

603-271-4507 603-228-0101

[email protected] [email protected] [email protected]

References for additional information

1. N.H. Code Admin. R. Ann. He-P 1602.34 (2001) (defines “order of lead hazard reduction”) www.gencourt.state.nh.us/rules/he-p1600.html

2. N.H. Code Admin. R. Ann. He-P 1612.03 (2001) (proscribes that all orders of lead hazard reduction shall be recorded with the Registry of Deeds for the county in which the property is situated)

www.gencourt.state.nh.us/rules/he-p1600.html

Using Code Enforcement and Other Systems

COMPILE STATE AND LOCAL LAWS TO EXPEDITE LEAD SAFETY