Oppressive lead paint enforcement

Q. We have a rental property that has been vacant for 12 years. The problem started when our last tenant was found to have elevated lead in her blood. The city inspected the property and found lead paint on the cabinets, doors, windows and trim. They said we could not rent the house until all of these items were removed from the property by workers in "space suits." We would have to fence off the property during the abatement, and every step of the process would have to be monitored, at a cost of more than $60,000.

We filed an appeal and explained all of the homes in the neighborhood are old, they also all have lead paint, and that all of them are occupied, mostly by tenants. The judge was not persuaded. So the house has sat vacant all these years because we cannot afford to comply with the city's requirements. Is there anything we can do to liberate ourselves from this unfair situation?

A. The purpose of this column is not to advocate the following, but here is what a resourceful property owner did in a situation similar to yours:

Deciding to renovate the interior of his home, the property owner purchased several gallons of paint remover and meticulously removed all of the old paint from the windows, doors, cabinets and trim throughout the house. "It's my property," he determined, "and if I want to fix it up, that's my business." When all of the old wood was stripped, sanded and caulked, he applied a coat of primer and two fresh coats of paint.

When the new finish had cured and the odor had dissipated, he hired an environmental assessor to inspect the property for lead paint. When the report indicated no lead in the dwelling, he officially contested the accuracy of the old city report, the one that had disclosed lead paint, and was finally given permission to resume the use of his rental property.

The moral of the story is this: Governments are instituted to administer justice. When they fail to fulfill that imperative, self-administered justice is sometimes the only reasonable solution. At times, this may involve the commission of a victimless crime. The loss of 12 years' rent is serious business.

Q. I'm trying to find out if my house is as large as they said when I bought it. How is the square footage of a home determined? Are the rooms measured separately and then added up, or is the building measured from the outside? Does the measurement include closets and the garage, or just the actual living space?

A. The square footage of a home is determined by measuring the exterior footprint of the building. If the house is a simple rectangle, the process is as simple as multiplying the length times the width. If the shape is more complicated, some adding or subtracting of sections may be necessary. The final figure includes the house only, closets included, but does not include the garage.

• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.

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