All Forum Posts by: Adam A.

@Taylor Chiu I coordinate with a crew that knows how to clean including using HEPA vacuum on the same day and before I take dust samples.  They charge about $75.

@Taylor Chiu Sorry I just noticed your question.

 The Toledo lead ordinance is in effect now and the fines will be imposed for tier 1 coming this July first, if the property is not in compliance.

The compliance is very easy and it's really nothing to fear. I've done hundreds of inspections and I get joy watching landlords faces when they fiquer out who simple the process even when occupied. All my own rentals are in tier 2 and 3 and their deadlines are 6/30/19 and 6/30/20. However, I had to hire another inspector/landlord to do mine when they were empty so I didn't have to clean them 2x.

I had only 4 failed inspections so far and it was due not following my cleaning directions. However, even when an inspection fails, the property will still get a "Lead-Safe Certificate" for 3 years instead of 6. So, it's really not considered "FAIL". I've been trying to negotiate better terms of this pass/fail concept with City Council and the Lucas County Health Department for the last 6 months but without any progress so far.

There will always be regulations and obstacles in real estate. Do NOT let such a minor pothole to distract you for your journey. If Toledo is the market that fits your budget, don't let this ordinance scare you.

Adam Atassi 

As a landlord of many properties in Toledo, a local investor who got involved in the lead paint ordinance and became an inspector, I've inspected many of Ohio cashflow and Engelo's properties.  I've seen many of his properties before, during and after renovations. 

I can testify that his team does a very job renovating even down to the basement level.  Keep it up @Engelo Rumora.

Adam Atassi  

@Stone Jin if the property is in Toledo and occupied now, you have to get it inspected before June 30 2018. Otherwise, you’ll pay $50/day up to $10,000/yr penalty. 

If the property is vacant now or after June 30 2018, you can’t rent or sublease  it unless it’s inspected and passed. 

If you buy it after the deadline, there is NO time frame period to finish it. The fine is triggered when it’s rented. 

If you want to buy it and it’s occupied, the inspection follows as listed above. 

You cannot SELL it while rented after the deadline unless it passes the inspection.

How does the city know if it’s rented?  They’ve a huge database and the water bill in Toledo always stays in the property owner’s name.

The ordinance also stated that owner couldn’t even mortgage the rental unless passed the inspection. However, I personally argued and negotiated with city councilman councils and the health department to omit this condition. I was able to do it through being on the lead task force. The community also amended 4 other of my recommendations.

Hope this helps.

Adam Atassi 

@David Hansen thanks David.

If you wait a few more weeks until the result of the lawsuit, you’ll be lucky to find an inspector. Otherwise, landlords will pay high prices for last minute inspections or face $50/day fine. 

@Greg Scott the lawsuit you’re talking about is a completely different kind of ordinance and case.  The city of Portsmouth was inducting inspections without a warrant. Toledo has an administrative warrant in it’s municipal code. 

Also, the city has been working on the lead ordinance for more than 5 years to get it right.

It’s only every 3 years if the property fails a dust wipe. Otherwise, it’s every 6 years. 

What’s your management company? How many rentals do have?

@Renee F. I’vve had 2 of my own done in tier 2. I’m also a lead inspector and have done more than 200 inspections in Toledo. 

The Toledo mayor has been flip flopping on this issue depending  on his audience. He's a politician after all.

@Andrew Fidler Portman is our senator in this area.  

Also, he’s requesting the EPA to act on the same level. Between these 2 agencies  this will domino affects  locally on a much stringent law which we would wish that we still have the Toledo Ordinance ... LOL.

On the local level, I think there is a good chance that judge Jennings will strike the ordinance down based on her statement you pointed out above. The mayor wants to protect the children so he’ll sign to start a new ordinance but with some amendments that make sense for easier implementation. 

@Andrew Fidler I personally never thought the intervention by ABLE on the behalf of a tenant is vital.  It's not over till it's over.

At the same time, Here is what's really scary from a hard core Ohio republican senator Rob Portman on the federal level. This was introduced just last December. 

I've been warning landlords about new regulations in the process at the federal levels for about 2 years now. In April 2017, one of the first initiatives Ben Carson passed when he became HUD's Secretary was lowering the thresholds to pass the dust wipes sampling. HUD lowered the floor from 40 micrograms/SQFT to 10, window sills from 250 to 100 and window troughs 400 to 100.

Now, we see senator Portman who is a hard core conservative republican join others, including democrats, on this issue.

For those who think that dust wipes ought to be omitted from the Toledo Ordinance, Portman's new regulation assures that dust wipes are necessary and visual inspection as is, is now obsolete.

"Requiring HUD to issue rules requiring an initial risk assessment for low-income housing constructed prior to 1978 for lead-based hazards prior to a family with a child under 6 years of age moving in and clarify that a visual inspection is insufficient for an initial risk assessment;"

Portman's initiative is going above and beyond the Toledo Ordinance. The Ordinance does not require a full risk assessment but only visual inspection and dust wipes to keep cost down. Risk assessment costs 3 time more than the way the Ordinance written.

"Requiring HUD to issue rules requiring an initial risk assessment for low-income housing constructed prior to 1978 for lead-based hazards prior to a family with a child under 6 years of age moving."

Those who thought accepting Section 8 to avoid the Toledo Ordinance and dust wipes, might face stringent regulations soon.

I hate the Ordinance as much as any other landlord. However, when I got involved, became a lead inspector and joined the Lead Task Force, I found the Toledo Ordinance is a lot more lenient than other ordinances adapted by other cities such as Rochester, New York, Baltimore, Philadelphia, etc.

Again, the lead issue is becoming more serious not just on the local level but on the national level also,

Adam Atassi