Property is on an old munitions range--what to tell applicants

[Bienes Raices]

This is a pretty strange problem....

There has been an ongoing problem in this area with severa heavily populated residential & business areas that were built on top of a WWII munitions testing range. I thought the problem was resolved but then I received a letter from the Army Corps of Engineers that they want access to my 2 houses in the area (to the yard only).

I called them and as I suspected the main problem is on the streets to the west of my rentals, but they are testing a wide area to be on the safe side, so now I'm swept up in this. They said it was very unlikely that they would find anything on the street where my properties are.

While it's good that they're doing the investigation, I honestly believe this whole issue is a tempest in a teapot. The whole area has been developed, swimming pools were dug, etc. and there has never been any documented incident of anyone being injured, etc. They've already done soil testing in several areas and no contamination has ever been found. Army Corps of Enginneers found one 4 lb bomb several years ago and that is what triggered this new investigation. However when I went to the public meeting about the issue the homeowners, while understandably annoyed and upset, are already attributing all kinds of mystery illnesses to this, which I believe to be bogus.

Anyway, I have already told the tenants in the one occupied rental and they are cooperative and did not freak out or get upset about this. My problem is the other house is vacant right now and the testing/search is not going to be until this summer. I will need to rent it out before then. I could just not tell the new applicants/renters about this, but I feel uneasy about doing that. At the same time I do not want to scare applicants off or have people try to take advantage of the situation by asking for a huge discount in rent. Does anyone have an idea of the best way to handle this? thanks

[Jeremy Colonna]

I would generate a disclosure that is incredibly general. It seems to me that the more specific that you get, the more questions will arise. Additionally, I would contact the Army Corps and get a number for a prospective tenant to contact for more information.

Engineers love to talk about engineering, and they should receive all of the information necessary to assure them of the safety of their tenancy and cover your tender back side!

I am not a lawyer, and all of my advice should be considered as the ramblings of an unqualified madman! See? Tender backside coverage can be fun!