Environmental & Safety Compliance Flashcards

Before acquiring a rental property, an investor orders an ASTM E1527 report to support the CERCLA innocent landowner defense. What is this report?

Answer: A Phase I Environmental Site Assessment

A Phase I ESA following ASTM E1527 is used to establish 'all appropriate inquiries' for CERCLA liability protection.

Which statement about radon is accurate for leasing professionals?

Answer: It is the leading cause of lung cancer among non-smokers

Radon is a colorless, odorless gas and the leading cause of lung cancer among non-smokers.

In a lease for a pre-1978 unit, when must the lead disclosure and pamphlet be provided?

Answer: Before the tenant is obligated under the lease

Lessees must receive the disclosure and pamphlet before they become obligated under the lease.

Who may be held liable if required lead disclosures are not made in a lease transaction?

Answer: Both the lessor and the agent acting for the lessor

Agents share responsibility for ensuring compliance and can be liable along with the lessor.

A tenant sues over a knowing failure to disclose lead hazards. What civil damages may a court award under federal law?

Answer: Up to three times actual damages

Knowing violations can result in liability for treble damages to the injured tenant.

Under the RRP Rule, which party must be EPA-certified to perform renovations disturbing lead paint in pre-1978 rentals for compensation?

Answer: The renovation firm, with work directed by a certified renovator

Firms must be EPA-certified and use certified renovators, including property management firms doing in-house maintenance.

What is a key component of a community's emergency preparedness plan?

Answer: Posted evacuation routes and clearly marked, unobstructed exits

Clearly marked, unobstructed exits and posted evacuation routes are essential for resident safety and fire code compliance.