California Apartment Association

CAA has expressed concerns in a letter to the Office of Environmental Health Hazard Assessment about the office’s proposed changes to regulations interpreting the state law commonly referred to as Proposition 65.

OEHHA’s proposed changes to Proposition 65 warning requirements would force rental housing owners and managers to replace all existing warning materials and signs to avoid litigation. The California Apartment Association outlined its concerns to OEHHA last month.

To date, more than 73,000 metal and plastic warning signs have been provided by CAA to its members.

Moreover, the changes would not provide more useful or meaningful warnings for housing applicants and tenants. And finally, the proposal is simply unworkable and would result in more litigation.

Enacted by voters in 1986, Proposition 65 requires businesses with 10 or more employees to provide warnings prior to exposing any person to chemicals that cause cancer and or reproductive toxicity.

While Proposition 65 has motivated businesses to eliminate or reduce toxic chemicals in consumer products, it is also often abused by lawyers and their fake public interest group clients. Such attorneys bring nuisance lawsuits to extract settlements from businesses with little or no benefit to the public or the environment. The settlements often include a “contribution” to public interest groups and a hefty payment of attorneys’ fees.

Over a decade ago, CAA developed compliance materials in response to claims brought against its members for failure to warn of exposure to automobile exhaust and secondhand tobacco smoke on residential rental property.

The warning brochure and signs provide information to residents about tobacco smoke, car exhaust and other items on the premises, such as building materials, that may contain chemicals that are carcinogens or reproductive toxins.

CAA recommends that its members continue to comply with its existing compliance recommendations.  Updated recommendations will be provided well in advance of the effective date of any new regulations.