Requirements for Environmental Screening on Residential Properties Outlined in Recent Report

Posted by Rachel Rindfleisch

August 21, 2012

 

Environmental screening is a firmly established practice in commercial real estate transactions but remains infrequent, at best, in single family residential transactions despite reoccurring issues for all parties involved.  With the emergence of vapor intrusion, the threat of environmental contamination on residential properties has become even more of a concern. 

A number of agencies have existing environmental due diligence requirements (listed below) for residential properties that are largely disregarded by the industry.   By ignoring existing requirements, many parties, including GSE’s, lenders, brokers, sellers, appraisers and attorneys, are at risk and consumers are affected.

The Summit Report, available here, is a product of discussions initiated at the Land Contamination and Residential Properties Summit hosted by EDR.  The Summit attendees included attorneys, appraisers, bankers and representatives from HUD, Freddie Mac and the EPA.  This report provides detailed information on the nature and effects of environmental contamination on residential properties, potential liabilities for various stakeholders, and the agencies and organizations that require environmental screening, including:

  • Union Standards of Professional Appraisal Practice (USPAP) and Appraisals
  • Freddie Mac Single-family Seller/Servicer Guide
  • Fannie Mae Single-family Selling Guide
  • Housing and Urban Development (HUD) Multi-family Standards
  • HUD Valuation Analysis for Single-family Dwellings
  • HUD FHA HOC Reference Guide
  • HUD Mortgage Letter
  • 24 CFR 200.926
  • FDIC Guidelines for an Environmental Risk Program
  • OCC – Office of the Comptroller of the Currency – Environmental Risk Policy RE 213
  • International Valuation Guidance Note No. 7
  • Environmental Disclosure Reports

Download the full report here!

6 Comments

  • 27 Nov 2012 by Jack Huntress

    Jodi - sadly we hear of stories like yours regularly. This information is available and should certainly be disclosed as part of the buying process. If you care to contact me at 203-783-0370 I would be glad to discuss. At the least we could show you the information that is publicly available for your area and potentially suggest some specialized attorneys that might be interested in your case.

  • 23 Nov 2012 by Jodi Kreppel

    I am a homeowner who bought a single family home in 2007 and at that time my backyard backed up to woods, shortly after moving in I found out that the whole wooded area was a superfund site, which was never disclosed to myself nor my family. the remediation of the area is lmost complete and during that time hundreds of illegaly dumped drums were discovered. the groundwater is toxic as is much of the soil. Also I was notified that not only do I back up to site but that a sliver of my backyard was once part of site. There are some nieghbors who have been sick with common symptoms, such as extreme fatigue, chronic pain, episodes of vertigo, headaches, chronic infections. I have seeked legal council only to be told that unless I can prove damages I have no case. In addittion I have been in touch with EPA,, the town, and the department of health begging to get vapor intrusion testing and whatever else there is to make sure we are safe but am hitting a brick wall. I could really use some guidance, I am feeling overwhelmed and frustrated . Thank you

  • 25 Oct 2012 by Rachel Rindfleisch

    To download the report simply click on the download link. A new window will pop up where you can preview the document or you can download by clicking on the button in the lower left hand corner. Let me know if that doesn't work!

  • 25 Oct 2012 by Barry Franz

    How does one download the report? I have been unable to do so using the download link.

  • 23 Aug 2012 by Jack Huntress

    Thank you Rich! This was a joint effort by many people and something that I think everyone who participated in can be proud of. There are many good reasons why environmental data should be considered as part of home buying and home owning. Let's get people to read it and keep the great conversations going!

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