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In 1978, the U. S. Consumer Product Safety Commission (CPSC) enacted Federal legislation that banned toxic lead-based paint in consumer products. Lead paint, according to sources, however, can still be found in more than 24 million houses and apartment buildings. Presumably, these houses and apartment buildings were constructed and lead painted before 1978.
Prior to renting the residential unit, the landlord must by law submit a written disclosure to prospective tenants detailing any known lead-cased paint on the property. The landlord is also required to provide a pamphlet from the Federal government on lead poisoning prevention. The lease agreement must contain legally appropriate wording that warns of the presence of lead-based paint. If the property was built after 1978, the law does not require landlords to test for presence of lead-based paint.
If landlords want to renovate rental properties built before 1978, there are certain laws they must
follow. In 2010, Federal legislation known as the Renovation, Repair and Painting Rule, was enacted. Backed by the U. S. Environmental Protection Agency (EPA), it requires renovators to receive mandatory licensing in lead-based paint removal (lead abatement). In Maryland, for example, all lead abatement and similarly-situated workers and contractors must be certified by the Maryland Department of the Environment (MDE).
Landlords can face significant legal penalties if they fail to disclose the presence of lead-based in rental properties in many jurisdictions. It is required that landlords distribute the important EPA tenant lead notice pamphlet as well as use lawfully lead-certified workers on teir rental properties.
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