LANDLORD, LAW AND LEAD-BASED PAINT TIPS : Lead Defense Attorney Charles Jerome Ware, LLC

www.charlesjeromeware.com


Lead paint laws are prolific at local, state and federal levels throughout the United States. Residential rental landlords should be cognizant of these laws in their geographic areas of rental business.


Lead-based paint is cited by many health-related agencies as one of the top environmental threats to children in the United States.  Abnormally high levels of lead (Pb) can cause damage to the nervous system and cause other health problems, particularly in very young and developing children under the age of six. To compound the problem, lead is virtually everywhere in many urban residential communities such as Baltimore, Newark, Philadelphia, New York and Boston.


There are 3 general lead claim-prevention tips I recommend that landlords should follow when renting residential
units:  (1) diligently MAINTAIN the rental properties; (2) provide lawful NOTICE to all tenants in the rental properties; and (3) keep good RECORDS (tenant and property files) on both the tenants and the properties for at least 21 years.


Recognizing the health problems caused by lead poisoning, the Federal Residential Lead-Based Paint Hazard Reduction Act, commonly known as TITLE X (Title 10) was enacted in 1992. The law directed the U. S.  Environmental Protection Agency (EPA) as well as the U. S. Department of Housing and Urban (HUD) to write regulations specifying how Title 10's goal of lead hazard reduction should be accomplished. The regulations apply to rental property built before 1978.


The regulations specify, inter alia, that, prior to signing a lease or rental agreement, the landlord must give every new tenant the EPA pamphlet, Protect Your Family From Lead In your Home.  Both the landlord and the tenant must sign an EPA-approved form, Disclosure on Lead-Based Paint and/or Lead-Based Paint Hazards, that will prove that the landlord informed the tenents about any known lead-based paint or lead-based paint hazards.  The landlord must keep the executed disclosure form as part of his or her records (tenant file, etc.) for at least 3 years from the date of the start of the tenancy.