Lead Hazard Disclosure

Protecting the Public’s Right to Know About

Lead HazardsIn Rental Housing

1) Background information on childhood lead poisoning

2) Overview of the federal lead hazard disclosure law

3) Tenant rights under disclosure

4) Disclosure as a tool for controlling lead hazards

Goals of this Presentation:

Goal #1:

Background Information on Childhood Lead Poisoning

Effects of Lead Exposure

High Levels:• Coma

• Convulsions

• Death

High levels rare in the United States

Effects of Lead Exposure (cont’d)

Low/Moderate Levels:• Reduced IQ• Reading and learning disabilities• Behavior problems• Impaired growth• Hearing Loss

Chronic low level exposure is the primary problem in the United States

Children Are Particularly Vulnerable

• Rapidly developing nervous systems

• Hand-to-mouth behavior

• High absorption rate

Sources of Lead Exposure

• Lead-based paint• Dust• Soil• Plumbing pipes, fixtures, solders• Industrial point sources• Ceramics and crystal• Hobbies and occupations• Home remedies and cosmetics• Gasoline

“Lead-based paint and paint contaminated dust account for most cases of childhood lead

poisoning today.”Source: CDC, Strategic Plan for the Elimination Of Childhood Lead Poisoning, 1991.

Major Exposure Pathways

• Lead-based paint deteriorates or is disturbed by renovation or repainting

• Lead contaminated bare residential soil• Lead dust or paint chips ingested or

inhaled - especially by young children through hand-to-mouth behavior

• Ingestion of settled dust is the most common way children are poisoned

Poorly Maintained Housing Is the Problem…Lead-based paint is a hazard when it:

• Deteriorates from age and weather;• Wears off friction surfaces, such as

binding doors or windows;• Deteriorates due to moisture (e.g., leaking

pipes and roofs); or• Is disturbed using unsafe work practices.

Prevention Is the Answer

• Lead poisoning is entirely preventable.

• No medical cure.

►Prevention requires making housing lead-safe before a child is poisoned.

Goal #2:

Overview of the Federal Lead Hazard Disclosure Rule

Benefits of the Federal Lead Hazard Disclosure Law

•Gives tenants the “right to know” if lead-based paint or lead-based paint hazards exist before they sign a lease

•Allows tenants to make informed decisions

•May influence owners to make properties lead-safe

Disclosure Does Not…

• Require testing for lead-based paint

• Require owners to control lead-based paint hazards

• Relieve property owners of liability

• Relieve owners of the legal duty to provide a safe and sanitary dwelling

Transactions that Trigger Disclosure

All real estate transactions involving most pre-1978 housing at the time consumers:

• Rent a home

• Renew an existing lease

• Sublet a home

• Buy a home

Oral leases are not exempt

Some Exceptions to the Rule• Zero bedroom dwellings

• Housing for elderly or disabled

• Property certified “lead-based paint free”

• Property leased for 100 days or less

• Renewal of leases where disclosure has already occurred and no new information is available

Disclosure Requirements in Rental Property

An owner must:

• Provide EPA pamphlet.

• Disclose known lead-based paint or lead-based paint hazards and provide copies of existing reports.

• Tenants will be asked to complete an acknowledgement statement, which includes a lead warning statement, that the owner must keep for 3 years from start of the lease.

Lead-Based Paint Information Subject to Disclosure

• Any information about the specific apartment being rented

• Information about common areas

• Information on other units tested as part of evaluation of entire property

Types of Information the Owner Must Provide to Tenants

Any information in their possession or “reasonably obtainable” including:

• Copies of existing reports (or summaries)

• All prior test results

• Any other first-hand information, even if written reports are not available

When Should Tenants Be Told About Lead-Based Paint and Lead-Based Paint Hazards?

•Before they sign a lease or make a non-refundable deposit.

•Before they renew an existing lease.

•Before any major changes are made to an open-ended, month-to-month lease.

Goal #3:

Tenant Rights Under Disclosure

What Tenants Have the Right To Do Before Signing a Lease• Receive and read the EPA pamphlet

• Receive and review all tests and reports

• If lead-based paint is present, ask the owner what is being done to control lead hazards

• Read the lead warning acknowledgement statement carefully

• Review the lease carefully (if you have any questions, seek legal advice)

What If the Landlord Doesn’t Disclose?I. EPA/HUD Enforcement Actions

A. Civil penalties (fines)

B. Administrative orders

C. Injunctions

D. Supplemental Environmental Projects (SEPs)

E. Child Health Improvement Projects (CHIPs)

F. Criminal actions

What If the Landlord Doesn’t Disclose? (cont’d)

II. Private Actions

A. Damages (including three times actual damages for willful violations)

B. Injunctions (as part of damage actions)

HUD, EPA, and DOJ Enforcement Results

• More than $22 million spent on lead hazard control

• More than 165,000 units made lead-safe

• Over $360,000 provided for childhood lead poisoning prevention projects.

Landlords May Not:

• Withhold information

• Place a waiver in the lease to relieve themselves of liability.

• Refuse to rent to families with children

(If you have any questions or concerns, seek legal advice.)

Reporting Disclosure Violations to Federal Agencies

• Call the National Lead Information Clearinghouse: 1-800-424-LEAD.

• Call the Regional EPA Office.

Types of Information to Provide when Reporting Violations

• Property type, age, and condition.• Owner/manager name and contact

information.• Specifics of violation, including a copy

of the lease.

Goal #4:

Disclosure As a Tool for Controlling Lead Hazards

Disclosure Provides an Opportunity for Tenants to Take an Active Role

in Preventing Lead Poisoning

What Tenants Should Do Before Moving In

• Do a complete move-in visual inspection

• Check paint for signs of deterioration

• Check for signs of water damage

• Make sure there is no visible dust

Report Hazardous Conditions Landlord or Local Agency

• Flaking or peeling paint

• Binding doors or windows

• Water damage

• Unsafe work practices taking place in their unit or in common areas

What Tenants Should Never Do• Their own repairs• Allow unsafe repairs to be made:

-- Open flame burning or torching-- Dry sanding or scraping-- Abrasive blasting-- Power washing

Tenants have the right to stop unsafe work practices in their unit or in common areas

What Parents Can Do

• Avoid damaging painted surfaces• Clean floors and window sills regularly with

water and detergent• Wash children’s hands and toys frequently• Teach children to keep non-food items out of

their mouths• Have children tested for lead poisoning• Provide a well-balanced diet, low in fat and high

in iron and calcium

For Additional Information

National Lead Information Center

• Phone: 1-800-424-LEAD [5323]• Fax: 585-232-3111• E-mail and online document requests: www.epa.gov/lead/nlic.htm