Healthy Living

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HUD/EPA Lead-Based Paint Disclosure Regulations

The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of Public Law 102-550) directed the U.S. Environmental Protection Agency and the Department of Housing and Urban Development to jointly issue regulations requiring disclosure of certain information about lead-based paint and lead-based paint hazards in residential real estate transactions. After considerable delay, those regulations (which appear at 24 C.F.R. Part 35 and 40 C.F.R. Part 745) were issued in final form on March 6, 1996, and are summarized below. NAR has developed a publication describing the requirements of the Regulations and how to comply with them entitled Lead-Based Paint – A Guide To Complying With the New Federal EPA/HUD Disclosure Regulations. This publication is available for $5.00 per copy (with discounts also available on larger orders), and can be ordered by calling NAR Customer Service at (800) 874-6500. Overnight or next day delivery is also available. 1. Properties To Which the Requirements Apply. The Regulations apply to sale or lease transactions of “target housing,” that is, residential property completed before 1978, with certain exceptions: Sales at foreclosure; Leases of property which has been inspected and found to be lead-based paint free by an inspector certified by a Federal or Federally accredited State or tribal certification program; Short term leases of 100 days or less where no lease renewal or extension can occur; Renewal of existing leases, so long as no new information about lead-based paint on the premises has come into the possession of the owner, and the required information was disclosed when the lease was originally created. (In the case of leases which automatically convert to “month-to-month” after a expiration of a fixed term, disclosure must be made when the lease first converts (if not made at the time the lease was created), but not each month thereafter); 0-bedroom dwellings; Housing designed for the elderly or disabled, but only it no children under the age of 6 reside or are expected to reside in such housing. Housing completed before 1978 has been interpreted to mean not only that which was completed and/or occupied before January 1, 1978, but also that for which a building permit was issued before that date, or if no permit was required, where construction began before that date. 2. Effective Date. The effective date of the Regulations is September 6, 1996 for owners of 5 residential dwellings (apartment or condominium units, as well as townhouses or single-family homes), and December 6, 1996 for owners of fewer than 5 dwellings. HUD has announced in Mortgagee Letter 96-29 that the form presently required to be signed in the case of properties financed by FHA-insured mortgage loans will not be required after December 6, 1996.   3. Obligations of Sellers, Lessors and Real Estate Agents. Sellers and lessors of housing to which the regulations apply must provide the information and perform the other duties described below to purchasers/lessees. Any agent hired by a seller or lessor to market the property must insure the seller or lessor’s compliance with the requirements of the Regulations. (a) The agent must specifically inform the seller/lessor of his disclosure obligations, described below. (b) The purchaser or lessee must be provided the following: All information the seller or lessor may have regarding known lead-based paint or lead-based paint hazards on the property; Copies of any prior reports of testing for lead-based paint or lead-based paint hazard evaluation of the property; A copy of the EPA publication Protect Your Family From Lead In Your Home, or a federally-approved equivalent publication; (c) Sales contracts and leases must include specific lead-based paint warning” language, which is specifically prescribed in the Regulations. (d) A “Disclosure and Acknowledgment” statement confirming that the disclosures have been made, signed by both parties to the transaction and the broker(s) involved, must be included as a part of the contract for sale or lease; (e) Property purchasers (but not renters) must be provided an opportunity to have the property tested  for lead-based paint or lead-based paint hazards during a ten day period prior to the time when the purchaser becomes obligated under the contract, although that period may be modified by agreement between the seller and purchaser, or waived by the purchaser entirely.   If a purchaser or lessee makes an offer to buy or lease prior to receiving the required disclosures, the seller or lessor may not accept the offer until the information is provided and the purchaser or lessee has the opportunity to review it and, if desired, to change the terms of the offer. Sellers, lessors and their agents have no duty to conduct testing of the property for lead-based paint of lead-based paint hazards. Their only obligation is to provide known information, as described above, regarding lead-based paint or lead-based paint or lead-based paint hazards on the premises. Copies of EPA’s publication Protect Your Family From Lead In Your Home may be purchased by calling (800) 424-LEAD. The publication is also available on NAR’s Website at, on both the EPA and HUD Websites ( and, as well as that of the National Safety Council ( A copy was also published in the July, 1996 issue of Today’s REALTOR®. It is not copyrighted and may be photocopied freely.   4. Who Is An Agent? The Regulations define an agent as “any party who enters into a contract with a seller or lessor, including any party who enters into a contract with a representative of the seller or lessor, for the purpose of selling or leasing” a property to which the Regulations apply. The duty of an agent to insure the seller’s or lessor’s compliance with these disclosure requirements is imposed on any agent hired by the seller or lessor to market the property, including both listing agents and selling agents (whether they are buyer’s agents, subagents, or, it would appear, “facilitators” or transaction brokers), and excludes only agents retained and compensated exclusively by the buyer. 5. The Ten-Day Testing Period. Although the Regulations do not explicitly so provide, EPA and HUD have indicated that they intend that the 10-day testing period be conducted much like home inspection contingencies operate. That is, pursuant to language incorporated in the sales contract, the purchaser is permitted conduct such lead-based paint testing or risk assessment as he deems appropriate and, if the results are unacceptable, can


Reconnect Kids and Families with Nature

November 19, 2015 By Brian E. Clark When author Richard Louv was growing up on the outskirts of Kansas City in the 1950s and early 1960s, he spent his free time organizing pick-up games in neighbors’ yards and in parks, scrambling around in the woods near his home — collecting snakes, sometimes poisonous ones — and building forts and treehouses. He was also something of a rebel, too, pulling up surveyors’ stakes of subdivisions proposed for his beloved woods. And when he tried to sit down and watch TV, his parents told him, in an oft-repeated phrase that echoes in the brains of most baby boomers, “Go outside and play!” Fast forward three-plus decades. Louv, then a syndicated columnist with the San Diego Union-Tribune, began to wonder where all the kids had gone. Turns out, he said, that they were inside playing early versions of computer games. And many parents, worried by stories about the relative handful of terrible crimes that were repeated over and over again on cable TV, were happy to keep them at home and “safe,” Louv said in a recent interview. “Fear of crime was at the top of the list as a culprit, and traffic,” said Louv, who coined the term “nature deficit.” He is the author of “Last Child in the Woods” and “The Nature Principle.” His much-lauded writings have spawned efforts in this country and around the globe to reconnect children and families with the outdoors. “High crime rates are real in some neighborhoods, but not most,” he said. “Though there has been a recent uptick, the actual rate of violent crime has been declining for the past 35 years. But we pulled indoors.” The results for the health of children raised under what he calls “protective childhood arrest” have not been good. So while there is some risk of falling out of trees when kids play outdoors — which remains part of its attraction, Louv mused — staying inside to watch TV or play often violent computer games has given us a generation of inactive kids. The result has been rising rates of childhood obesity with all the problems of diabetes and heart disease that come even during childhood or later. So Louv railed against poorly designed neighborhoods with few parks, fear of boogeymen and seductive technology. According to a recent Kaiser Family Foundation study, he said American kids now spend a whopping 54 hours a week plugged into some kind of electronic medium. Their parents are probably as bad or worse, he said, which doesn’t leave a lot of time for other activities. “Not only are there risks to kids’ health by keeping them inside, but it also hurts their ability to socialize outside the home,” he said. “Ultimately, I believe, there is even a risk to democracy. In order to care about nature, the environment and your neighbors, you need to step outdoors. Too often, people just get in their cars in their garages and drive off down the street, never even getting to know who lives next to them.” Even team sports have come in for criticism by Louv, who notes that the greatest increase in childhood obesity occurred during the same two decades as the largest increase in organized sports for children in our history. While that doesn’t mean that organized sports are causing obesity, he said exercising for only a few hours isn’t helping to the extent that we think it is. Many Americans (Europeans, Chinese and Brazilians, too) have gotten the message and created programs to get kids outside again. They have names like “Every Child Outdoors” in Tennessee and “Taking Children Outdoors” in Texas. Even developers have gotten on the bandwagon, he said, creating new neighborhoods with open spaces, hiking trails and nature centers that many families — as well as baby boomers — find more attractive than subdivisions built around golf courses. The author said he was shocked, shocked, when he was warmly received at his first builders’ conference. Nancy Dorman, who runs the Every Child Outdoors coalition in Tennessee, said the Volunteer State’s effort was launched within several years after Louv’s “Last Child in the Woods” was published. “He came out to Nashville to do a presentation and as a result, we organized a broad coalition of organizations that were interested in this issue,” she said. “I’m an environmental educator and a Tennessee State Parks person, but our goal is to get people together from a wide variety of constituency areas, including health, education and even the built environment, to talk about issues and see what barriers we can remove to get kids into the outdoors.” She said they developed the Tennessee Environmental Literacy Plan. For its part, her agency created a statewide Junior Ranger program that is partially funded by a Project Diabetes grant from the Tennessee Health Department. State parks offer Junior Ranger camps and other programs, including after-school activities at elementary schools, she said. “We also have a middle school and family running program that is kind of a park-based running club to encourage families and kids to come out to the state parks and run,” she said. “We have cross-country running events several times a year. And we do seasonal summer programs for families because kids don’t function in a vacuum. We want to encourage families and kids to get out and enjoy nature and the outdoors.” In Texas, Jennifer Bristol said that the state’s Children in Nature program started about five years ago and has grown into a network of about 300 government agencies, nonprofits, businesses and individuals whose goal is to get kids and families outdoors. It was sparked, in part, by surveys that said that typical park users in Texas were in their 40s. “Our tag line is that kids and families who spend time outdoors are happier, healthier and smarter,” said Bristol, who coordinates the program. “This all grew out of the movement Richard Louv started and took off when the project was endorsed by our state Legislature. They recognized that this is important for our kids. “About 80 of the legislators said ‘We want to do something about this, so go for it!’ So we work with schools, healthcare providers and others, helping families who want to get out in nature. We also work with educators to help them


Food Hubs: Connecting Farmers with Consumers

November 19, 2015 By Tracey C. Velt When most people think of locally sourced, healthy, organic food, they think of young, urban professionals and trendy restaurants or expensive grocery stores. Think again. Regional food hubs are making this type of food — organic and non-organic — available to everyone by connecting local farmers to eaters through farmers’ markets, grocery stores and more. Defined by the USDA, a food hub is as an organization that actively manages the aggregation, distribution and marketing of source-identified food products primarily from local and regional producers to strengthen their ability to satisfy wholesale, retail and institutional demand. There are about 350 food hubs in the United States, and that number is rising. “Food hubs solve the problem that a lot of businesses, retailers and institutions have,” says Jeff Farbman, senior program associate of Wallace Center at Winrock International and the National Good Food Network (link is external). “There is increasing demand for healthy, local food, but many of the small to mid-sized farmers don’t have the capacity to organize deliveries to a bunch of different companies. Food hubs are the third part that levels out the process for the buyer and seller.” The National Good Food Network (NGFN) started work “helping to get the Farmers Market Coalition up and running. That part is booming now,” says Farbman. “But, that’s not where most people get their food. They get it from restaurants, supermarkets, schools, hospitals, colleges and other institutions, so that’s the focus of the NGFN, aggregating, distributing and marketing the local, value-based food.” According to Nick Mabe, food hub coordinator for the Iowa Food Hub in West Union, Iowa, “It’s easy to sell grain, corn, soybeans and hogs on the commodities market. But, it’s more difficult to have a mid-sized operation in dairy, produce or custom meats. The Iowa Food Hub helps to increase food access and help smaller beginning and established farmers run a sustainable business,” he says. Economic I​mpact More than just serving as a connection between farms and eaters, food hubs “provide opportunities for more local food procurement at a larger scale, which can create jobs, generate business taxes, and increase earnings throughout the region as production increases locally,” according to the USDA’s Regional Food Hub Resource Guide (link is external). Various studies have examined the local economic impacts of shifting food purchases to local food. A study conducted in Northeast Ohio found that if the 16-county Northeast Ohio Region were to meet 25 percent of its need for food with local production, it would result in 27,664 new jobs, providing jobs for 1 in 8 unemployed residents, as well as increase annual regional output by $4.2 billion and increase state and local tax collections by $126 million. And, according to the USDA guide, “food hubs demonstrate innovative business models that can be financially viable and also make a difference in their respective communities. Economically, they are showing impressive sales performance and helping to retain and create new jobs in the food and agricultural sectors. Socially, food hubs are providing significant production-related, marketing, and enterprise development support to new and existing producers in an effort to build the next generation of farmers and ranchers. In addition, many food hubs make a concerted effort to expand their market reach into underserved areas where there is lack of healthy, fresh food.” No one knows that better than Jesse Rye, co-executive director of Farm Fresh Rhode Island in Pawtucket, R.I. “Farm Fresh started 10 years ago, born from a student project at Brown University,” he says. Now, Farm Fresh’s Market Mobile Program handles aggregation and distribution for over 60 farms and producers and connects them with more than 200 consumers every week. “Last year, we moved about $2.1 million worth of food on behalf of farmers.” The group also raises funds and secured a grant that incentivizes Supplemental Nutrition Assistance Program (SNAP) users so they can buy fruit and vegetables at the local market. “SNAP users get an additional $2 on top of every $5 they spend. That means lower income consumers get the benefits of fresh produce, and the community gets more money invested into the local economy and small, local business rather than the national chain stories,” says Rye. In addition, Farm Fresh has a culinary education apprenticeship program, called Harvest Kitchen, where local, at-risk youth in the criminal justice system can learn culinary and life skills. “They create product lines, including applesauce, pickled products, frozen soups and more,” says Rye. The products are sold at the local farmers’ market and are available wholesale. For the Iowa Food Hub, farmers are able to increase production because they are accessing new, larger markets without the cost burden of marketing and distribution. “On the consumer side, we’re focused on increasing the consumption of local food in underserved communities. That is done by getting the food to schools in poorer areas,” says Mabe. Unlike many other food hubs, the Iowa Food Hub is located in a rural area of the state. West Union has a population of about 3,000. “We’re bringing jobs and opportunities back into the rural downtowns.” Mabe finds that much of the local food is exported to large, urban areas; however, one goal of the Iowa Food Hub is to increase the rural sales in Northeast Iowa. “In theory, we can sell everything here, but we need to create the systems and interest to get to that point.” Caroline Heine, co-founder and project director of Seed Capital KY in Louisville, Ky., agrees. She’s working on getting the West Louisville FoodPort up and running. “We’re trying to increase the volume of distribution. Research published in 2012 identified a significant demand in Jefferson County for local food. What the West Louisville FoodPort can do is complement the other efforts already underway, such as farmers’ markets and locally-sourced food restaurants. We have significant unmet demand,” she says. “We’re a public-private partnership. We wouldn’t be having this conversation if not for the leadership of Louisville Mayor Greg Fischer.” For Farm Fresh Rhode Island, its winter farmers’ market brings in 2,000 to 3,000 people every week between November and May. “It’s the biggest in New England and those visitors bring money into our local economy,” says Rye. Revitalizing Blighted Areas Heine sees food hubs as a way to revitalize communities in not just


Schools Savoring the Effects of Healthier Food

November 19, 2015 By G.M. Filisko It was the underappreciated radish’s turn to be vegetable of the month at the Broward County public schools, and Darlene Moppert proudly tells the story of a teacher calling her to pass on a delicious nugget of information. “One of the activities was for students to describe their feelings when they ate the radish,” recalls the program manager of nutrition education and training at the approximately 230 Broward County, Fla., schools (in the Ft. Lauderdale area). “One first-grader said it was like ants dancing on her tongue. We try to do things to make fruits and vegetables seem fun.” Moppert is among a growing crowd mixing up school food choices to get students to eat healthier. It’s happening not just through school menus and education but also by creating farm-to-school food programs through which local schools purchase the harvests of local farmers. “Farm-to-school means three things,” explains Anupama Joshi, executive director and co-founder of the National Farm to School Network in Cary, N.C. “It means local and regional food procurement in food cafeterias. It also means gardening activities in school, and third, it’s food and farming education in the classroom. The trifecta of these elements is important in changing the health of children and providing benefits to farmers.” Efforts have begun to bear fruit. “Overall in the nation, figures show that childhood obesity, which has continued to climb over a 20-year period, is now leveling off,” notes Moppert; she’s referring to studies, including one from the U.S. Centers for Disease Control and Prevention, showing that obesity has stabilized at about 17 percent for 2- to 19-year-olds. “We still have a way to go to get it to be declining. But that’s a more positive trend.” It’s not just kids who reap the rewards. The effects are rippling throughout communities, especially from farm-to-school programs. “Schools are the hubs, and kids take information from school into the community,” contends Joshi. “Farmers are benefiting from these initiatives as well. And communities benefit because there’s a multiplier effect. Each dollar invested in farm-to-school programs creates an additional $2.16 of local economic activity. For every job created by school districts purchasing local foods, an additional 1.67 jobs are created.” The best news? These programs are just getting cooking. Proponents expect an even bigger bounty when more schools get a taste of the benefits. Lunch program grows up Today’s healthier school menus have been brewing for a long time. The story begins with a federal mandate way back in 1946. “The federal government signed into law the National School Lunch Act in part as a national defense program because when the Americans went into World War II, a lot of young men were rejected for service because of nutritional deficiencies,” explains Moppert. “Then when we won, we began producing more food than we needed as a nation. The national school lunch program made lunch available to students based on need.” The program has been updated in the decades since, including in 2004, when it required each school district to have a wellness policy and committee to address issues resulting from childhood obesity. “It was due to a recognition that children might not have the same life expectancy as their parents,” says Moppert. Broward schools — where last year, 64 percent of students were eligible for free or reduced-price meals — have jumped in. “We’ve been in the forefront of developing healthy lunches,” says Moppert. “In the 1990s, the school system eliminated fryers and started with salad bars to get kids to eat more salads. But salad bars have some challenges, especially in the lower grades. We realized kids did better with grab-and-go salads. In 2006 and 2007, we began offering more of those. One might be a chef ’s salad with the meat of the day. Another might be a vegan salad with legumes like kidney or navy beans and seed kernels. Our salad numbers went up tremendously.” Grant grows community Another community transforming school food is Burke County, about 30 miles south of Augusta, Ga., largely through the “fruit and vegetable grant.” That’s the shorthand name used by Donna S. Martin, director of the schools’ nutrition program, for the federal program launched in 2002 as a pilot program in four states and the Zuni, N.M., tribal organization. Its goal: To determine best practices for increasing fresh fruit and vegetable consumption in schools. In 2008, the program became permanent nationwide. Martin says the program is one of the best she has. For five years, she’s used it to improve her schools’ food and to shape lives in her community. “We’re trying to teach children how to eat healthy in the hopes they’ll go home and teach their family how to eat healthy,” she says. “We have a high predominance of low socioeconomic statuses. Our students don’t have the same opportunities other children have. So we expose them to new foods they won’t get at home.” The grant provides about 50 cents per day per child for fruits and vegetables. Every afternoon, schools offer all children a fresh fruit or vegetable snack. Martin has served everything from pomegranate and jicama to sugar snap peas, star fruit and mangoes. “Our children get so excited,” she says. “When they walk in the school, one of the first things they do is look at the table to see what the fresh fruit or vegetable will be that afternoon. We put it there in the morning, and then during the day, we tell them where it comes from — whether it’s grown underground, on a plant, in a bush, or on a tree — and the nutritional value. We’re trying to get them the basics and show we need farmers because food doesn’t come from Walmart. We also want them to go home and say to their parents, ‘Today, I ate a mango, and I liked it. Will you buy me one?’ We think we’re having a huge impact on future generations in trying to develop healthy eaters.” Martin says very few kids refuse to sample the day’s snack. “Each student gets a baggie with it,” she says. “If the teachers will model the good behavior, the children will try it. Recently, we had figs. About a third of the students liked them, and two-thirds didn’t. But at least that


A Healthy Food Store Movement

November 19, 2015 By John Van Gieson Where liquor bottles and advertisements once occupied prime space by the front door of the Daldas Grocery in San Francisco’s Tenderloin district, customers now shop for lettuce and carrots. The Tenderloin is one of many inner city and rural areas lacking healthy food options. There are no supermarkets or grocery stores in those areas. The closest ones are a long walk or several bus rides away. The closest supermarket to the Tenderloin is a mile away. But there are more than 70 corner stores serving an area of less than half a square mile. Corner stores typically make their money selling alcohol, tobacco, lottery tickets and junk food. They may offer customers a handful of bananas or apples, but not much else in the way of healthy foods. The Daldas Grocery, owned by Indian immigrant Satwinder “Bill” Multani, was one of them until public health specialists from the city of San Francisco introduced Multani to a program promoting healthy food options in corner stores. If owners agree to display fresh fruits and vegetables prominently in their stores, San Francisco’s Healthy Retail SF program provides display cases, shelving and refrigerators at no cost and teaches customers how to prepare healthy meals. “It is a very good idea,” Multani said. “I know it’s actually a positive response because I see more families now and they started shopping for produce.” “It used to be we were just like the image of a liquor store, now we’re like the image of a grocery store,” he said. From San Francisco’s immigrant-packed Tenderloin to the streets of Baltimore to the rocky coast of eastern Maine, programs encouraging healthy food conversions in corner and rural stores are spreading all over the country. The task is daunting. Karen Shore, director of consulting for The Food Trust, said millions of low-income Americans buy a lot of the food they and their families eat at “hundreds of thousands” of corner and rural stores lacking healthy food options. In large part, those stores serve African-Americans, Hispanics, immigrant groups and the rural poor. Based in Philadelphia, The Food Trust is a nonprofit dedicated to providing healthy food to all Americans. It consults with healthy corner store and inner city supermarket initiatives in 34 states, including Healthy Retail SF. Joel Gittelson, a medical anthropologist at Johns Hopkins University, has studied healthy corner store and bodega initiatives and concluded some have been quite successful, but there is a long way to go. “We’re five percent of the way,” he said. In a report published by the Centers for Disease Control and Prevention, Gittelson studied 16 corner store initiatives in locations ranging from Apache reservations in Arizona to inner city Philadelphia and Baltimore. “Our findings indicate consistent improvement across most of the trials in availability and sale of healthy foods, the purchase and consumption of those foods and consumer knowledge,” he said. Underlying the healthy corner store movement are concerns about the impact of unhealthy diets on the health of poor Americans. Advocates say both the urban and rural poor, many of whom live below the federal poverty line, suffer high rates of obesity, diabetes and heart disease attributed in large part to unhealthy diets. Results from older healthy corner store initiatives are encouraging. The Food Trust reported that the Philadelphia Healthy Corner Store Initiative, the first of its kind in the nation, resulted in a 6.3 percent decline in the obesity rate among inner city children. Successful healthy corner store initiatives are built on three pillars: persuading store owners to participate in the program; providing them with the equipment they need to handle fresh produce; and teaching residents of targeted neighborhoods how to prepare healthy meals. Healthy Retail SF also works with store owners to improve their ability to run a successful business. Healthy Retail SF has set a goal of reducing the amount of space occupied by alcohol products to not more than 20 percent. Multani said alcohol takes up about 40 percent of the space in his store, but he will reduce that to 20 percent over time. “We’re not telling the owners ‘Hey you need to stop selling tobacco, you need to stop selling alcohol,'” said Jorge Rivas, program manager for Healthy Retail SF. Added Ryan Thayer, who works with the diverse residents of the Tenderloin for Healthy Retail SF, “Our theory is that over time by increasing the healthy products, there’s going to be less demand for alcohol and tobacco.” Thayer and Jessica Estrada work with a group of neighborhood residents they call “food justice leaders.” Those residents promote healthy food to their neighbors, encourage them to attend nutrition classes and demonstrations and provide community feedback to program leaders. “When we do outreach, we have to do it in seven different languages usually,” Thayer said. The Tenderloin is a tasty stew of ethnicities, including Chinese, Filipinos, Mexicans, Hondurans, Vietnamese, Yemenis, Russians, African Americans and others. Diversity means corner stores must respond to the tastes of their customers. Bok choy goes over big in one store; collard greens in another. Promoting development of supermarkets in the many urban neighborhoods that lack them is a primary goal of the healthy food movement, but for a number of reasons it’s slow going. Small healthy food stores opened in inner city neighborhoods in Philadelphia and Baltimore in recent years but quickly went out of business. Advocates say the owners meant well but failed to connect with members of the community. “Putting a new store in isn’t enough,” said Anne Palmer, a food policy advocate at Johns Hopkins University. “It’s much more complicated. It’s very hard to get all these things working in concert.” The nonprofit Fare & Square market in Chester, Pa., is a new urban supermarket that has succeeded since it opened two years ago. Chester is a struggling city of about 34,000 south of Philadelphia. Fare & Square is located in an old supermarket that closed 11 year ago. The 14,500-square-foot store, the first nonprofit of its kind, was built by Philabundance, a large hunger relief organization in Philadelphia. As a nonprofit, Fare & Square is not supposed to make money and it’s not. Mike Basher, vice president of retail operations, said revenue increased by 25 percent from year one to year two, but the store is generating only 75