Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Friday, October 21, 2016
'Demolition' Loophole In Lead Paint Rules That Regulate Home Renovations Begins To Cause Concern; State Official: “If You Disturb Six Square Feet, These Rules Apply. If You Knock The Whole House Down, Nothing”
In Portland, Oregon, The Portland Mercury reports:
IN A YEAR when environmental hazards have screamed across TV news broadcasts with surprising frequency, lead has had a starring role.
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As home demolitions reach historic levels in Portland, there are no safeguards against lead dust that can be stirred up when older homes are demolished.
It’s an odd oversight. Federal rules dutifully require safety precautions if those same homes are renovated—rules designed to stop property owners and their neighbors from coming into contact with lead, a neurotoxin for which there is no known safe exposure level.
But when the home is torn down? The lead can fly unchecked, potentially creating problems for soil and nearby neighbors.
“It is kind of a strange loophole,” says Brett Sherry, a manager of regulatory programs at the Oregon Health Authority (OHA), which enforces federal lead safety rules for home remodels. “If you disturb six square feet, these rules apply. If you knock the whole house down, nothing.”
This loophole has been on regulators’ radar for years. There has even been talk of crafting legislation to correct the gap, and a law to do so will be floated in Salem next year.
But it’s so far gone completely unaddressed. And that has potential repercussions for every neighborhood in the city, as demolitions eclipse pre-recession levels.
According to public records obtained by the Mercury, from January 2014 through August 2016, the city fielded applications for nearly 950 demolition permits for homes built in 1977 or before.
That year is important in the context of lead—1978 is the year the federal government banned lead paint. As the US Environmental Protection Agency puts it: “If your home was built before 1978, there is a good chance it has lead-based paint.”
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Without any rules in place requiring that lead be addressed, all of these demolitions pose a potential hazard, officials say.
“If you hire someone to knock down a house, it’s probably someone with larger equipment like a bulldozer,” says Sherry. “They’re not certified. They’re not trained. There could be lead dust that could contaminate the ground. You could contaminate neighboring yards.”
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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