Lead Hazard Disclosure

1. Lead Hazard Disclosure Protecting the Public’s Right to Know About Lead Hazards In Rental Housing

2. Goals of this Presentation: • Background information on childhood lead poisoning • Overview of the federal lead hazard disclosure law • Tenant rights under disclosure • Disclosure as a tool for controlling lead hazards

3. Goal #1: Background Information on Childhood Lead Poisoning

4. Effects of Lead Exposure High Levels: • Coma • Convulsions • Death • High levels rare in the United States

5. 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

6. Children Are Particularly Vulnerable • Rapidly developing nervous systems • Hand-to-mouth behavior • High absorption rate

7. 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

8. “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.

9. 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

10. 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.

11. Prevention Is the Answer • Lead poisoning is entirely preventable. • No medical cure. • Prevention requires making housing lead-safe before a child is poisoned.

12. Goal #2: Overview of the Federal Lead Hazard Disclosure Rule

13. 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

14. 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

15. 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

16. 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

17. 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.

19. 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

20. 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

21. 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.

22. Goal #3: Tenant Rights Under Disclosure

23. 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)

24. What If the Landlord Doesn’t Disclose? • I.EPA/HUD Enforcement Actions • Civil penalties (fines) • Administrative orders • Injunctions • Supplemental Environmental Projects (SEPs) • Child Health Improvement Projects (CHIPs) • Criminal actions

25. What If the Landlord Doesn’t Disclose? (cont’d) • Private Actions • Damages (including three times actual damages for willful violations) • Injunctions (as part of damage actions)

26. 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.

27. 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.)

28. Reporting Disclosure Violations to Federal Agencies • Call the National Lead Information Clearinghouse: 1-800-424-LEAD. • Call the Regional EPA Office.

29. 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.

30. Goal #4: Disclosure As a Tool for Controlling Lead Hazards

31. Disclosure Provides an Opportunity for Tenants to Take an Active Role in Preventing Lead Poisoning

32. 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

33. 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

34. 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

35. 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

36. 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