Buying a house - asbestos & lead testing?

Question

Hello,

I'm closing on a multifamily (16 unit) property in Arkansas early next month. The exterior is brick, and the units/common areas have been remodeled on the high end (hardwood floors, marble, granite, etc) and no work is needed.

As the building was constructed ~1960, I wanted to know anyone's thoughts on testing for lead (in the water and paint) and asbestos, and what our duty is as landlords to our tenants?

I know about warning residents about lead paint, giving a brochure to new tenants, and testing if there is any lead paint if there are children living there, but any other responsibilities? I'm wondering the merits of paying for testing to be done prior to the purchase.

Derreck Wells · Answer

Legally, lead paint is hazardous whether you've had it tested or not. You as the owner of the property, are responsible for your property, period.

In some states, however, there are no state level laws, you just need to follow the Federal laws. You need to figure out what your local laws are. A simple google search for "[your state here] lead laws" will get you the relevant results. Here's NY's page... NY Lead Laws and here's Arkansas' laws... Arkansas Lead Laws and here's Colorado's... Colorado's Lead Laws. That covers all the folks who commented on this post so far. If you guys have rental properties, it's your responsibility to know those laws and act accordingly.

The law in MA and many other states is that you cannot rent a unit in a building built before 1978 to a family with kids under 7 unless you have a Lead Certificate on file. Whether you know this law or not, you'll still get sued if a child has lead poisoning and you don't have a Lead Cert on file, and you will lose. There's also the anti-discrimination law that says you can't exclude a family because they have small children. Basically, if you have a 2 bedroom or larger unit for rent in MA, you have to have it inspected and deleaded or you're breaking one of those laws.

As far as buying the x-ray gun, that's not gonna happen. It's an x-ray gun. X-rays = radiation. That requires training and huge expense. Not to mention a new gun alone costs upwards of $20,000. You can get them used on ebay for half that.

Paul Thompson · Answer

I've been hearing from fellow investors in bigger markets (especially on the East Coast) that there has been a spat of lead based paint violation lawsuits against landlords. Purportedly there is a XRF hand-held testing "gun" you can purchase to self-test. This helps you know if the property has lead based paint or not.

I have not personally heard of any of these type of lawsuits in Arkansas (yet). I suspect it is only a matter of time. I think our ethical duty as a landlord is to know whether a property has lead based paint or not. And if the property was built before 1978 assume it does and follow the EPA guidelines on how to protect workers and tenants from exposure. The EPA certification is ~$300 if memory serves and they provide pretty clear guidelines that aren't that hard to follow IMO. It's really more of a process  to follow than it is a major additional expense. To my knowledge you do NOT need a 3rd party test. You can self test.

Look into self testing and advise back on this thread of your results. Feel free to PM me or contact me directly. I'm in the market and curious on your findings and which apartment complex you purchased.

James H. · Answer

Thanks all for the responses. It seems people didn't get the purpose of my question as I have NOT yet purchased the property, but am inquiring recommendations for pre-purchase testing as I may ask the previous owner to remediate if needed.

Lead in water - no  one seemed to have any thoughts on this? from my research it seems to be regulations regarding municipalities and what types of pipe/fittings/solder can be used. It doesn't seem that I need this tested for the purchase of a multifamily.

Asbestos - no  one seemed to have any thoughts on this either? it seems no testing is mandated for testing as far as I can tell. Just remediation if asbestos is known to be present and exposed.

Lead Paint - I previously stated "I know about warning residents about lead paint, giving a brochure to new tenants, and testing if there is any lead paint if there are children living there, but any other responsibilities?".

Thank you Derreck for bringing up the need for some sort of certificate in MA, I will research to see if there is something similar for AR.  I'll also comment that the link you posted for AR is info for "persons and firms who perform lead-based paint abatement activities and training" - not quite the topic we are discussing. Ultimately, I'm hoping the building inspector will inform me of what is needed.

Cashmere Robinson · Answer

My personal thoughts goes with @Jeff S. It is better you do a test before handing over to the residents for your peace of mind.

Jeff S. · Answer

My (non expert) understanding:

Physically, lead paint is hazardous to children if they ingest or inhale it.  Not likely if paint is not peeling/flaking.

Legally, lead paint it hazardous if you know (via testing) that it there. Also, if you do not properly disclose that it *might* be present.

My conclusion:  assume (but do not test) that it might be there.  Take good care of all painted surfaces. (And don't get legal advice from the Internet.)

Arlen Chou · Answer

@James H. These are not cheap tests, but it is nice to know for future reference.  However, remember once you know the status you must disclose it if you sell...  You can get do it yourself kits and test on your own.  Once  you get that info you could decide to do full testing or not.

I bought some buildings that were nearly 70 years old did a DIY for lead.  I got negative results and then paid to have a third party run a full test just so I could have that on file.  Lets me sleep a little easier and tenants with young kids feel better seeing the results.

Good luck,

Arlen

Buying a house - asbestos & lead testing?

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