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The first hotel in San Francisco to be LEED-EB certified was the Orchard Hotel. Stefan Mühle, the general manager explained how the efficiency process developed, initially through a need to cut operating costs after the 9/11 attacks and the subsequent recession that dramatically reduced business and personal travel.

"After 9/11, we really looked into opportunities to reduce expenses."  Department managers got creative with solutions to save money.   The housekeeping department, for example, discovered cleaning products that are natural, less abrasive to the guest rooms, better for the environment and not any more expensive. In fact, if applied properly they would be less expensive. In maintenance, we found a rebate program with  the utility company (PG&E) that offered free light bulbs, if you discarded your old incandescent lamps and replaced them with compact fluorescents. Every department participated in this and slowly but surely, we started to go green."

"For five or six years we were just trying to save money."

For the hotel industry, cost cutting can lead naturally to green solutions. Since it's hard to raise rates, the best way to increase profit is to cut costs, but it must be done without harming the guest experience. Working with partners such as electric and water utilities was very important for the hotel.

The direct impetus for the LEED-EB certification was a new hotel, the Orchard Garden Hotel, built nearby in 2006 for the same owner. This hotel achieved LEED for New Construction basic certification, the first for a hotel in California. Then, according to Mühle, the owner said, "Now it really does make sense to get both hotels on the same pedestal and make sure that they all have the same types of certifications." In looking around for opportunities, the company came across LEED-EB as a way to certify the existing property.

While greening an existing hotel obviously requires an effort by a lot of people, including vendors, employees, management, and ownership, each successful project does require one person to say, "let's do it." In this case, it was the personal interest of the owner in creating a healthier property for guests and workers.

It's becoming more and more feasible to make positive ROI cases for green building and green operation strategies.  It saves money in the long term.  And incentives and rebates can make it cost effective upfront, as well.  Add to that the ability to leverage these operational cost savings with a marketing advantage to discriminating customers -- and every property that is added to a "green portfolio" makes the company stronger and more competitive.

1978 Tipping Point for Lead in Housing

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Lead Disclosure Required for Rental & Sale Properties

The U.S. Environmental Protection Agency has fined a Long Beach, Calif., property owner $7,952 for allegedly violating federal lead-based paint disclosure requirements at six rental properties.

During a routine inspection in 2005, the EPA discovered that the residential property owner  failed to disclose whether reports about lead-based paint or lead hazards existed for his apartment complex prior to tenants signing lease agreements which was in violation of the federally regulated Toxic Substances Control Act.

"This action confirms EPA's commitment to enforcing toxic substances regulations to protect families, especially children, from potential lead-based paint hazards," said Katherine Taylor, associate director of the EPA's Communities and Ecosystems Division for the Pacific Southwest region. "Childhood lead poisoning from exposure to lead-based paint chips or dust continues to be an environmental challenge. Without adequate information about lead hazards, tenants and home owners cannot protect themselves and their families from the significant risks that these hazards present."

Between July and December 2005, Williams owned and leased six residential rental units. Mr. Williams cooperated with the EPA to resolve the case.

Many homes built before 1978 have lead-based paint.

The federal government banned lead-based paint from housing in 1978. Children with high levels of lead in their bodies can suffer from damage to the brain and nervous system, behavior and learning problems, such as hyperactivity, slowed growth, or hearing problems.

Federal law requires that persons and entities who sell or rent housing built before 1978 must provide an EPA-approved lead hazard information pamphlet; include lead notification language in sales and rental forms; disclose any known lead-based paint hazards and provide reports to buyers or renters; allow a lead inspection or risk assessment by home buyers; and maintain records certifying compliance with applicable federal requirements for three years.

Lead hazards may be controlled through specific maintenance practices or eliminated through abatement. For additional information on lead in paint, dust and soil, see: http://www.epa.gov/lead/.

Green Real Estate Law Journal

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Current issues in sustainable building for owners, builders & design professionals.

Green Real Estate Law Journal was launched in November of 2008 in an effort to create a space for a more robust discussion of many of the emerging legal issues associated with green building and real estate.  Stephen Del Percio is the publisher.

The blog draws a consistent and growing audience of industry stakeholders from diverse geographic and professional backgrounds and welcome the submission of articles for publication consideration.

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