The change would require RRP certification for property management companies. Learn more.
Since 2010, the Environmental Protection Agency (EPA) has required that workers engaged in renovation, repair and painting (RRP) activity that may disturb lead-based paint must obtain firm or renovator certification and follow specific practices. Certification is required for RRP activity in all properties constructed before 1978, the same year lead-based paint was banned for residential use.
In November, the EPA issued a notice announcing its intention to roll back rules exempting property management companies (PMCs) from obtaining RRP certification. The PMC exemption is interpreted through the RRP’s Frequently Asked Questions and states:
Therefore, if the property management company uses its own employees to do the work, the property management company must be a certified firm and one of the employees must be a certified renovator. If the property management company hires a renovation firm to perform the renovation, the property management company does not need firm or renovator certification…
Furthermore, the frequently asked questions state that in circumstances where a compensated firm hired to perform RRP activities violates the RRP rule, “it is the certified firm’s responsibility to comply with the requirements of the RRP rule, and any enforcement action taken would be against the firm.”
The EPA’s anticipated withdrawal of these two frequently asked questions would require PMCs operating in buildings constructed before 1978 to obtain firm certification and be held liable for violations for RRP activity performed onsite. Under the EPA’s rule change, the largely administrative duties undertaken by PMCs when RRP activity is being performed, such as soliciting and evaluating contractor bids, applying for permits, granting access to property, informing residents of renovation activity and payment to contractors, would be subject to RRP compliance.
Not only does the EPA’s rulemaking process expose certain violations of the Administrative Procedures Act, the notice also neglects the rental housing industry’s longstanding commitment to providing safe, healthy, lead-free housing for the nation’s renters. The National Apartment Association (NAA) and National Multifamily Housing Council (NMHC) will submit comments to the EPA in opposition to proposed rule change.
For more information on lead-based paint issues, please reach out to Sam Gilboard, Senior Manager of Public Policy at NAA.