Issue Archives 

Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule

An Act to provide certain relief for small businesses from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

EPA is proposing a range of options to address storm water discharges from construction sites.

This document presents a compendium of innovative alternatives that might be applied by public and private entities in search of solutions.

Subcommittee testimony sharing the views of the apartment industry regarding the Junk Fax Prevention Act of 2005 (S. 714).

Comment letter regarding concerns over the National Clandestine Laboratory Registry.

The Department of Housing and Urban Development received more than 2,000 complaints of discrimination in housing in 2005, with another 2,671 filed with state Fair Housing Assistance Programs.

This document sets guidelines for accessibility to places of public accommodation and commercial facilities by individuals with disabilities.

Few causes will mobilize American citizens, at least the 68 percent who own their homes, faster or more effectively than a perceived threat to the value of their property.

The Environmental Protection Agency (EPA) is seeking public comment on revising the current policy regarding regulatory requirements under the Safe Drinking Water Act (SDWA) of submetered properties.

As owners and developers of affordable housing in the private sector, we know first-hand how successful vouchers have been in providing housing opportunities to eligible families.

Currently, before an apartment is eligible to lease to a Section 8 voucher holder, the administering Public Housing Authority (PHA) must inspect that unit for compliance.

Apartments are no longer the housing of last resort. As American lifestyles have gotten busier, young professionals and empty nesters who could afford to buy are choosing to rent instead.

The pursuit of homeownership is a worthy goal, but we must be careful not to oversell homeownership. Many families never question whether buying a house is a path to financial security.

H.R. 3355 offers a tremendous opportunity to catastrophe Prone states to access programs that will improve the affordability of property insurance. Unfortunately this bill does not extend that opportunity to the rental housing market.

The ADA requires that new construction and alterations to existing facilities comply with the ADA standards for Accessible Design.

FACT Act Rules Nov. 2004- Disposal of Consumer Report Information and Records

FAQ Regarding Do Not Call and Do Not Fax

Federal No Match Rules Aug 2007- Safe-Harbor Procedures for Employers Who Receive a No-Match Letter

Standards Governing the Design of Wall-Mounted Centralized Mail Receptacles.

On behalf of the National Multi Housing Council (NMHC) and the National Apartment Association (NAA), I urge you to vote for passage of H.R. 3121, the “Flood Insurance Reform and Modernization Act of 2007”.

On February 2, 2004 the Administration announced a proposal to create zero-downpayment federally insured home mortgages for low-income households with good credit and zero down payment loans for households with blemished credit.

The U.S. is among the best-housed nations in the world. Even so, housing affordable to those whose incomes fall below the median tends to be in short supply in many, perhaps even most, housing markets around the country.

Not only does America need apartment homes, but a growing number of Americans want them. As American lifestyles have gotten busier, young professionals and empty nesters who could afford to buy are choosing to rent instead.

Letter requesting that HUD allow owners to make renter's insurance available to project residents and to collect the monthly premium payments from the residents.

Thank you for your letter of September 24, 1998, regarding the application of the Fair Housing Act's design and construction requirements to purchasers of multi-family housing buildings.

Impact fees have emerged in many U.S. municipalities as a frequently employed solution for funding infrastructure improvements.

Anti-discrimination and affordable housing activists continue to bring suit against owners who do not participate in the Section 8 program or do not count subsidy payments when assessing creditworthiness.

Comments on rule notice, which announces increases in the mortgage insurance premiums (MIPs) for several of the key FHA multifamily programs. Our organizations are strongly opposed to the proposed increases.

Letter to support H.R. 3873, the Section 515 Rural Housing Property Transfer Improvement Act of 2007 (“H.R. 3873”). This bill will help provide guidance to Rural Development at the U.S. Department of Agriculture about transfer processing.

This document, Infrastructure Finance, is Part Two in a series about innovative infrastructure tools and bridges two signifi cant pieces of research.

The Mark-to-Market program has been largely successful in achieving its goal of preserving Section 8 properties by providing owners the opportunity to restructure FHA mortgages.

The nation must meet the housing needs of low- and moderate-income families, and we believe that improving the Section 8 program is a key way to do that.

This paper first describes trends in central city and suburban housing construction during the 1990s, using data from each of the nation’s 50 largest metropolitan areas.

Evaluation of Fire and Life Safety Feature and Programs

The CAN-SPAM Act is a new federal law prohibiting "spam" or unsolicited commercial e-mail. The measure will affect a wide range of apartment marketing activities as well as communications with residents, prospects and other consumers.

The NAA and the NMHC provide comments and analysis for the Suggested State Legislation Committee's review of state methamphetamine laws (CSG-SSL 2006 Docket 26B).

FACT ACT: New consumer reporting standards and consumer privacy requirements.

This White Paper describes the typical cleanup procedures for illegal drug labs and surveys how the states and federal gov-ernment are addressing the problem.

This guidance discusses the history, status, and effect of the new benchmarks and how property owners can convert to or challenge them.

The Temporary Tax Relief Act of 2007 includes a proposal to change the taxing of carried Interests in partnerships. The NMHC and the NAA urge the House to reject the inclusion of the carried interest provision in this bill.

NAA/NMHC are also members of the Real Estate Advocacy Group for States. We appreciate the opportunity to share the view of rental housing providers with task force members regarding the increasing problem of illegal meth labs.

Meth Legislative Update: Cleanup, Contamination Levels, and Disclosure- State Requirments.

NAA/NMHC testimony regarding H.R. 798, METHAMPHETAMINE REMEDIATION RESEARCH ACT OF 2005.

This white paper is designed to help apartment firms overcome NIMBY opposition.

NAA/NMHC Subcommittee testimony regarding the “Section 8 Voucher Reform Act” (SEVRA)

New regulations have gone into effect that affect when firms must pay their employees overtime. This paper reviews those changes, which employers are covered by the rules, and how employers must classify their employees.

The National Multi Housing Council (NMHC) and the National Apartment Association (NAA) urge you to support the prompt renewal of the Terrorism Risk Insurance Act (TRIA).

This memorandum summarizes key provisions of the Terrorism Risk Insurance Act and its impact on the multifamily industry.

This white paper outlines steps that apartment firms can take to prepare for a possible pandemic flu out-break.

The National Association of Home Builders (NAHB) published a report titled Building for Tomorrow: Innovative Infrastructure Solutions.

Local opposition to proposed high-density housing developments is one of the greatest challenges facing efforts to promote smart growth in the United States.

Resistance to multifamily rental housing is a growing phenomenon in communities around the country. Indeed, opposition to any type of new housing development has become so pervasive that the area of community resistance has spawned its own vocabulary.

Testimony regarding late payments under Section 8 project- based contracts before the U.S. House of Representatives

Homeownership is an important part of the American fabric, but it isn't for everyone and universal homeownership won’t make our nation stronger.

Homeownership has always been an important part of America’s housing policy, but there is mounting evidence that America is pushing the homeownership envelope too far.

Commercial Wind Insurance in the Gulf States: Developments Since Hurricane Katrina and Challenges Moving Forward.

America’s Affordable Communities Initiative: HUD’s Initiative on Removal of Regulatory Barriers: Identification of HUD Regulations That Present Barriers to Affordable Housing [Docket No. FR-4890-N-01]

The National Multi Housing Council and the National Apartment Association are pleased to comment on the proposal to permit financial holding companies and national banks to enter into the business of real estate brokerage and management.

12 CFR Part 225 [Regulation Y; Docket No. R–1091] Bank Holding Companies and Change in Bank Control

Testimony of Andrew Showe regarding H.R. 1841 (Section 8 reform)

NFPA 72 requires that in public-use or common areas, smoke detection systems be wired such that a visual alarm system can be implemented at a later date if needed.

State Wetland Programs Matrix Dec. 2001

Brief review of wetlands laws for all fifty states.

In 2004, the U.S. Consumer Product Safety Commission estimated that 732 children in the U.S. were injured as a result of falling out of windows, among these 12 children died.

Texas Appeals Court decision on Mold Case Dec. 2002

Texas Medical Assn. Council Mold Report Oct. 2002- Black Mold and Human Illness

Interim Guidance Concerning the Terrorism Risk Insurance Extension Act of 2005.

The Postal Service intends to establish a Consensus Committee to develop recommendations for revision of USPS STD 4B, which governs the design of apartment house mailboxes.

Living in an apartment carries neither social nor economic stigma. Yet many people see it as a compromise, driven by financial and utilitarian necessity rather than social and aesthetic advantages.

0n June 7, and amid great fanfare, President George W. Bush signed the Economic Growth and Tax Relief Reconciliation Act of 200 1. A closer look at the fine print, however, reminds us, once again, that there really is no such thing as a free lunch.

Language of 2003 VA H 1727 exempting certain building documents from the Freedom of Information Act.

Executive summaries of planning exercises conducted by the U.S. Department of Homeland Security.

Committee on Ways and Means H.R. 4440, THE GULF OPPORTUNITY ZONE ACT OF 2005

HR 3402- Violence Against Women Act- 2005- Housing opportunities and safety for battered women and childern.

Community Notification And Access To Sex Offender Registration Information Checklist.

State Abandoned Property Statutes Updated 12-2007

Comments on Proposed HUD Rule Styled “Design and Construction Requirements; Compliance with ANSI A117.1” Docket No. FR-5006-P-01; RIN 2529-AA92; Office of the Assistant Secretary for Fair Housing and Equal Opportunity.

Memo regarding FCC Order on Exclusive Contracts with Video Providers.

NAA is reminding its members to scrutinize the lease forms they use – especially how they address federal lead disclosure requirements.

Briefing paper to real estate owners and operators on how the industry is affected by anti-terrorism regulations.

Apartment industry guidance document addressing issues such as military call-up, insurance, residents and employees, mail handling, HVAC contamination and building evacuation procedures.

The Corps of Engineers (Corps) is issuing 5 new Nationwide Permits (NWPs) and modifying 6 existing NWPs to replace NWP 26 which expires on June 5, 2000.

In order to assist servicemembers in acquiring suitable housing in the private market when military-owned housing is unavailable, the Department of Defense provides a BAH to the servicemember.

Information bulletin from the U.S. Dept. of Homeland Security on the potential terrorist exploitation of HVAC systems.

U.S. Dept. of Homeland Security bulletin on the threat of Vehicle-Borne Improvised-Explosive Devices.

Tax policy arguments for full capital gains tax relief for real estate.

This memorandum updates a July 2002 NMHC/NAA guidance document.

In some States, retail electricity customers can now choose their electricity company. New wholesale electricity trading markets, which were previously nonexistent, are now operating in many regions of the country.

U.S. Department of Homeland Security Joint Information Bulletin on the Characteristics of Peroxide-Based Explosives.

Redevelopment of existing sites and properties is an important component of any community’s development plans. The U.S. Conference of Mayors estimates that there are over 400,000 brownfields sites across the country.

Comments letter regarding Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons.

The IREM, the NAA, the NLHA, and the NMHC comments regarding HUD's information collection proposal for the implementation of the Violence Against Women Act.

Comment letter written to express concern about several provisions contained in the Housing Title of the Violence Against Women Reauthorization Act.

Oct. 1998 Comment Letter to HUD on FHA Design Manual

Information bulletin from U.S. Department of Homeland Security on using compressed gas cylinders as components of improvised-explosive devices.

This report provides background information relating to tax depreciation of structures, including a discussion of the methods of measuring economic depreciation.

Guidance from the U.S. Dept. of Health and Human Services on filtration and air-cleaning systems to protect building environments from airborne chemical,biological or radiological attacks.

U.S. Dept. of Homeland Security Bulletin on chemical, biological, radiological and nuclear materials and effects.

U.S. Dept. of Homeland Security National Preparedness Guidance.

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Property Audit Policy Form

Talking points on the lead disclosure rule compliance

This memorandum surveys the science and problems associated with CCA; describes alternative products to CCA; lists EPA’s suggestions for the safe handling of CCA-preserved wood.

Fair Housing Accessibility Brief by Edward Rose for U.S. District Court for the Eastern District Michigan Southern District

Fair Housing Opportunity Poster -English

Fair Housing Opportunity Poster -Spanish

FCC Expansion of Satellite Rule- October 25, 2000 Docket

FCC Order banning exclusive access contracts

The FCC today adopted an Order banning the use of exclusivity clauses for the provision of video services to multiple dwelling units.

This NMHC White Paper identifies the key issues apartment firms need to consider before agreeing to a fiber installation/upgrade.

Civil Penalties for Fair Housing Act Violations.

This report responds to your request to determine the characteristics of the residents and properties that have benefited from low-income housing tax credits.

HUD/DOJ Reasonable Accomodations under FHA Statement- May 2004.

Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally Owned Residential Property Being Sold.

HUD Guidance on Third Party Purchasers- Feb. 1999

HUD LEP Notice 1-22-07- Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons.

HUD Policy Statement Clarifying Occupancy Standards- Dec.18, 1998.

Since 1987—the first year of the credit program—the LIHTC has become the principal mechanism for supporting the production of new and rehabilitated rental housing for low-income households.

Purpose of Form: The Violence Against Women and of 2005 protects qualified tenants victims of domestic violence from being evicted or terminated from housing assistance based on acts of violence against them.

Violence Against Women and Justice Department Reauthorization Act 2005 Form HUD-50066 Certification of Domestic Violence, Dating Violence, or Stalking.

This NMHC/NAA White Paper reviews several emerging IAQ issues facing the apartment industry, including environmental tobacco smoke, pesticides, carbon monoxide, and volatile organic compounds.

This White Paper reviews what owners must know to take advantage of the amended inside wiring rules.

This report is part of the Homeland Security Presidential Directive 8 related to national preparedness.

Property held for productive use in trade or business or for investment.

The amici curiae represent a broad cross-section of American industry, including the housing, retail, and rental sectors. As in virtually every American industry, many companies in each of the industries represented by the amici curiae charge late fees.

State late fee statutes and case law updated Feb. 2006

Interpretive guidance for contractors, property managers, and maintenance personnel under section 406(b) of the lead based paint hazard reduction act of 1992

The purpose of this Bulletin is to provide technical information to HUD staff and HUD program participants on the potential exposure hazard from lead dust that forms on imported, non-glossy, vinyl miniblinds.

Self-Audits and Disclosure under the Residential Lead-Based Paint Hazard Reduction Act

Comment letter writing to express deep reservations about HUD's plans for implementing its Limited English Proficient (LEP) guidance, pursuant to Executive Order 13166.

Letter writing to call attention to aspects of HUD’s Limited English Proficiency (LEP) policies that warrant congressional oversight.

Response from NAA/NMHC and NAHB to the editor of the Washington Post regarding a study that was written about.

Request letter to cosponsor S. 2666, the Affordable Housing Investment Act of 2008.

Although mold is a national problem, states are experiencing different effects of the “mold crisis”. For example, in some states the issue of property and liability insurance have created serious disruptions in the real estate market.

This case concerns Plaintiffs Chistophe and Juanita Roche's claim for personal injuries stemming from exposure to alleged toxic levels of mold in their apartment.

In July 2003, apartment owners scored a major legal victory when a federal district court in Virginia ruled that no genuine issues of material fact supported an apartment resident's mold injury and damage claims.

The purpose of these guidelines is to assist property owners and managers in establishing procedures for addressing mold.

This guidance document offers baseline best practices to address moisture intrusion issues and excessive mold growth in low-rise, wood-framed construction.

Upcoming Press Coverage of Mold in Apartments and Talking Points

NMHC/NAA believe that public health standards must be based on sound science. The upcoming National Academy of Science analysis and recommendations should serve as the first step toward establishing public health guidelines for mold exposure.

Petition for Review of a Final Rule Promulgated by the U.S. Environmental Protection Agency.

This memorandum surveys the business and legal landscape in order to help you make a more informed business decision about the use of criminal background checks.

NMHC/NAA appreciates the opportunity to offer comments on this rule as part of our continuing dialogue with the federal government on the issue of lead in the environment.

NMHC/NAA believe that the analysis of these data sets presents compelling information that is exactly on-point for the questions considered in this rulemaking and strongly urge EPA to consider this information.

This voluntary and non-binding document “provides guidance to states, territories, authorized tribes, and the public regarding management measures that may be used to reduce nonpoint source pollution from urban activities.”

Apartment professionals should be aware of litigation, regulations, and business developments that affect the evaluation of a prospective renter’s ability to pay.

SWANCC is only the second case since the passage of the Clean Water Act (CWA) in which the Supreme Court has addressed the geographic reach of federal jurisdiction under that Act.

The U.S. Department of Housing and Urban Development (HUD) has issued a new regulation to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government or being sold by the government.

Clarification letter to Joel Schofield Executive Editor Broadband Properties regarding inaccuracies contained in Bill Burhop’s column in the April 2002 issue.

This update is provided as a follow-up to the September 1 memorandum on the U.S. Department of Housing and Urban Developmen'ts new requirements for notification, evaluation and reduction of lead-based paint hazards in federally-assisted housing.

NAA/NMHC Response to HUD Report on Sales and Rental Housing Discrimination.

As of January 23, 2006, central air conditioners and heat pumps manufactured or imported for use in residential buildings must meet a new, higher energy-efficiency standard, from a 10 Seasonal Energy Efficiency Ratio (SEER) to a 13 SEER.

Testimony given by NAA's Vice President of Government Affairs supporting MD SB 733 related to building security.

This document identifies goals and objectives and outlines the principles that will underpin efforts to secure the infrastructures and assets vital to national security, governance, public health and safety, economy and public confidence.

Award-winning NAA Terrorism Resource Guide.

This publication by NMHC, the Sierra Club and ULI debunks eight widespread misconceptions about higher-density development.

This PowerPoint presentation makes the case for higher-density development and rebuts common myths and fears associated with density.

Notice of EPA Submetering Reversal- Federal Register Dec. 2003

Overview Federal Wetlands Regulatory Program Dec. 2001

NMHC and NAA comments to the Notice of proposed rule making (NPRM) and Notice of public hearing on June 18, 2007 (26 CFR Part 1) [Reg-128274-03] issued by the Department of the Treasury Internal Revenue Service (IRS).

Press Release regarding Real Access Alliance Voices Disappointment with FCC’s Order Banning Exclusive Contracts.

NAA/NMHC response and guidance to the American Planning Association's Growing Smart Legislative Guidebook.

This document is intended to identify portions of the Fair Housing Act Design Manual that state requirements that appear to be inconsistent with the Fair Housing Act Accessibility Guidelines.

Sample acknowledgment Language

The Servicemembers’ Civil Relief Act expands existing coverage of the Soldiers’ and Sailors’ Civil Relief Act, providing new authority for servicemembers to break rental housing leases and stay eviction actions, among other protections.

The U.S. Department of Energy has published a rule amending energy conservation standards. The regulation, takes effect on January 23, 2006, and raises the minimum Seasonal Energy Efficiency Ratio (SEER) value for residential air conditioners.

This guidance covers the general regulations and record keeping requirements for asbestos, hazard communication, lead-based paint, and refrigerants.

State laws regarding sex offender registry and community notication.

This Brookings Institution report examines projected trends at the national, state and metropolitan level to determine the estimated demand for new housing, commercial, and industrial space over the next quarter century.

As capital gaps remain the biggest barrier to brownfield redevelopment, more than half the states have created some type of brownfield financing program. Direct financial assistance and indirect financing tools meet several objectives.

Listing of state domestic violence statutes.

Real estate coalition statement on the need for and availability of terrorism insurance coverage.

The apartment industry will be affected by the continued call to service for U.S. military, reserve and National Guard service people. In addition to the federal SCRA several states have enacted additional protections for the armed services.

State Security Deposit Laws updated Oct. 2005

Submetering Talking Points Oct. 2003

This memorandum summarizes key provisions of the Terrorism Risk Insurance Act and its impact on the multifamily industry.

A reporting guide for critical infrastructure and key resource owners and operators.

Testimony of Kirk Tate before the U.S. House Committee on Financial Services focusing on lessons learned from federal housing response to Hurricane Katrina.

NAA/NMHC testimony before the U.S. Senate committee on Environment and Public Works, in support of S. 975, The Community Character Act.

Special analysis from the Defense Intelligence Agency on the worldwide threat from bulk ammonium nitrate to road, rail and waterway networks.