To Civllecpm:

[Cvillecpm]

Sorry guys.....my name is not dirty. As a 35 year property management professional I have seen a lot of childish behavior - not all from tenants - and the idea of having to "clear"my name is laughable.

Come see me at MrLandlord - I am the designated VA Moderator on their Q&A section of the site.

 

[JETX]

"the idea of having to "clear"my name is laughable"

What is truly laughable is your absolute refusal to accept the fact that your posts are without any legal basis.... and are simply flat-out wrong!!! You are a danger to anyone who assumes that your advice is accurate or legal!

So, lets take a look:
1) You say, "Come see me at MrLandlord". Even that site disagrees with you!! Take a look at: http://www.mrlandlord.com/lead/

2) In this thread, you claim to be a "35 year property management professional". On this forums profile, you say that you are "30 years of property management" and even the website shown in your profile doesn't work!!

"PROFESSIONAL MANAGEMENT ADVISOR
WALLACE S. GIBSON
If you want to know how to select or work with a professional property manager, then Wallace offers excellent advice. She has over 30 years of residential property management experience. She holds the professional designations of Certified Property Manager (CPM) and Professional Property Manager (PPM). She is also a strong believer in using the internet to help with management."
Source: http://www.mrlandlord.com/authorsdescription.html

Ms. Gibson: you remind me of the little old lady who drives 20 mph on the freeway, no matter what the speed of the cars around her. She is very proud to say, "I have NEVER had an accident!", but doesn't see all the ones she is causing behind and around her. Your ignorance is simply inexcusable..... even if you really had THREE years experience.

Bye-Bye.

 

[HomeGuru]

Sorry guys.....my name is not dirty. As a 35 year property management professional I have seen a lot of childish behavior - not all from tenants - and the idea of having to "clear"my name is laughable.

Come see me at MrLandlord - I am the designated VA Moderator on their Q&A section of the site.

**A: we do not have to go to another website to "see you" because that would prove nothing and you have once again evaded the issue. We do not care if you were the moderator of 5 other websites. The bottom line is that you came to THIS website and represented yourself as a real estate professional. As such, users of this website have a right to expect factual and correct answers to their questions from contributors, especially professionals in the business. I could understand if you were just a layperson, but since you are in the real estate business, you are held to a higher standard.
As a true professional, you should have recognized and admitted your error and moved on.
But no, rather you elected to continue to post statements that are not relevant in an attempt to evade admitting that you posted incorrect advice.
I am totally appalled at your apathy and your evasiveness. Especially from a real estate professional that has 35 years of experience. And who has designations such as CPM (Certified Property Manager) from the Institute of Real Estate Management, MPM (Master Property Manager) and PPM (Professional Property Manager) from the National Association of Residential Property Managers.
You also served as Chair of the VA Association of Realtors Property Management Council for years 1999 and 2000.
And contributor to websites such as Rental Housing Online, MrLandlord, RentLaw, PrarieLaw, AskMe.com and Rent Connection.
In addition, you are Editor/Publisher of Landlord Tenant Services, as Quarterly newsletter distrbuted to Central VA rental property owners.
You are the owner of Gibson Management Group Ltd. out of Keswick Virginia and teach L/T courses for CE and designation.
So with 35 years of experience, numerous designations from national real estate associations and being a CE real estate property management instructor...

 

[Cvillecpm]

Again, I see no need to defend myself, my professionalism or my posts to this website. I provided the code as requested so if my input or advise is not needed, believe me, I can go elsewhere.

I'll get in my Chevy SUV and depart....

 

[JETX]

Better hurry.... before the gasoline prices go up.

 

[HomeGuru]

Again, I see no need to defend myself, my professionalism or my posts to this website. I provided the code as requested so if my input or advise is not needed, believe me, I can go elsewhere.

I'll get in my Chevy SUV and depart....

**A: do you realize how bad this makes you look. You provided erroneous advice to the writer, then posted the code which contradicts your advice and then fail to admit that your advice was bad. Instead you run away with your tail between your legs. Does that make sense being that you purport to have 35 years of real estate experience in property management.
You do not deserve those designations and you are not qualified to be posting on any real estate websites. Additionally, you are not qualified to be teaching CE classes. On the subject of lead paint, you have been instructing property managers your "don't ask, don't tell" policy. If any property manager follows your advice, that individual and his/her company may be exposed huge liability and the licensed manager and his/her principal broker would be in violation of the real estate licensing laws and Realtor Code of Ethics.
EX: a property manager rents an old house built in 1957 with faded and peeling paint exposing bare wood on the exterior and interior. Paint chips have fallen from the window frames and are in the yard and on the foor of the home.
The family that is moving in has 3 small children under the age of 6.
Under your CE teaching, you specifically told the property manager not to test for lead-based paint such that if the testing came out positive, the manager would not have to disclose the presence of lead paint.
Do you realize how much liability this property management company has if the occupants were affected by the lead paint? For starters, the management company would be sued for breach of fiduciary duties?

The moral of this thread is: do not mislead everyone by saying that you are an experienced real estate professional that provides correct advice, unless you are prepared to support your posted statements via case or statutory law or an administrative ruling.
Knowledge, experience, honesty, qualifications, education, honor, integrity and respect mean quite a bit on the internet.

 

[JETX]

I had a very nice talk with Mr. Jeffrey Taylor (owner of the Mr. Landlord) site and sent him a link to this thread.

 

[HomeGuru]

And now the Real Story,,,,,,,,,

Several cases why Cvillecpm's "Don't ask, don't tell" scenario does not and will not work.


Two landlords were sent to jail in the first ever prosecutions under the federal Lead Hazard Reduction Act of 1992, which requires sellers and landlords to disclose to buyers or tenants the presence of known lead-based paint and hazards.
In the first case, Washington DC landlord David D. Nuyen was sentenced to two years in jail and received a $50,000 fine after he admitted to making false statements during a HUD investigation of his properties and failing to notify his tenants of the presence and hazards of lead-based paint.
In Manchester, NH., a rental property manager James T. Aneckstein received a 15 month sentence and a $40,000 fine on similar obsturction charges and for failure to warn tenants of lead hazards as required by law. The mosy egregious allegations against Aneckstein and his company JTA Real Estate Brokerage and Property Management, involved a failure to warn the family of a 2 year old girl, who died from allegedly ingesting lead paint.
HUD and EPA reached their broadest lead disclosure settlement with Denver based Apartment Investment and Management Co., a major property management firm. The settlement involved approximateley 130,000 residents in 47 states.
The agencies charged that the firm failed to warn tenants that their homes may contain lead-based paint. The company agreed to a deal to test and clean up its units and pay a $129,580 penalty.
Information on numerous other cases can be downloaded from the US. Department of Justice website at www.usdoj.gov search words "lead paint".

 

[HomeGuru]

.

 

[HomeGuru]

This thread is evidence.

 

[HomeGuru]

.

 

[HomeGuru]

Cville, why, oh why?

 

[Cvillecpm]

HG - someone contacted me privately via my AOL e-mail a few months ago and I provided them the link to the VA Lead Based Paint indemnification legislation that I was referring to in these posts...I never heard back from them that they did not understand what I was referring to.

The legislation was written specifically for landlords because of the extreme hit our real property insurers took because of 9/11 and the age of many of our rental units in the state.

A VA landlord - absent specific local legislation/disclosure requirement - does not have to test for lead paint and they can provide disclosure saying "they don't know" of any lead paint in any "target" property, give copy of booklet and that is all they need do. The lead disclosure legislation is currently being studied to be enacted in several other southern states.

 

[JETX]

"A VA landlord - absent specific local legislation/disclosure requirement - does not have to test for lead paint and they can provide disclosure saying "they don't know" of any lead paint in any "target" property, give copy of booklet and that is all they need do."
*** Though I really don't know why this long-dead issue has resurfaced, your statement is clearly an over-simplification of the FACTS!!

The EPA (federal) requires that "Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention."
Here is a link to the REQUIRED form:
http://www.epa.gov/opptintr/lead/lesr_eng.pdf

Also, here is an excerpt from the EPA Region 3 website (includes Virginia):
"If your rental property was built before 1978, the Disclosure Rule requires your landlord to provide you with information about lead-based paint. Before signing your lease, you should be given the opportunity to inspect the apartment or house. If you entered into your lease on or after December 6, 1996, or renewed your lease after that date, then your landlord should have provided you with a disclosure form. Landlords who owned five or more rental units in 1996 were required to meet the disclosure requirements starting on September 6, 1996. In addition, your landlord should have given you the pamphlet “Protect Your Family From Lead In Your Home.” If a lead inspection was ever performed at your rental property, the landlord should also have listed that information on the disclosure form. On or before the time you signed your lease, the landlord should have given to you the pamphlet, the disclosure form and the inspection report along with your lease. If any lead inspection test was performed, the landlord should have provided you with a copy of the report."

Also, if you feel that this over-simplification absolves you (the landlord) of any further liability, I suggest you review "Doe v. Wallace and Florence Rich"
http://www.yourlawyer.com/practice/panews.htm?parea=Toxic Substances&&story_id=5498

 

[Cvillecpm]

No law REQUIRES a VA landlord to test for and disclose the presence of lead. They may "think" there is lead by age of the house; however, unless the property has been tested, it is not KNOWN that there is lead - hence, VA landlords don't test so they don't know so their disclosure forms specifically say "they don't know".

Court cases cited in previous posts are for states other than VA and the VA legislation was enacted specifically because of insurance industry fears for this type of hysteria.....we have legislation going through this year for mold also which is also being blessed by insurance industry as well as rental housing industry.