The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) have implemented steps to ensure the public receives adequate information and protection to prevent lead poisoning in homes that may contain lead-based paint hazards.
Effective, December 6, 1996, owners and their agents are responsible for providing specific information to renters on lead-based paint in housing as well as a federal pamphlet with practical, low cost tips on identifying and controlling lead-based paint hazards.
What is required?
Before approval of a contract for lease, owners must:
1. Disclose known lead-based paint and lead-based paint hazards and provide available reports to tenants. Before an initial inspection is scheduled, LHA provides the owner with a Request for Inspection and Unit Information form that includes a lead-based paint disclosure form. This form is provided to owners and tenants for signatures.
2. Give tenants the pamphlet developed by the EPA and HUD titled, “Protect Your Family From Lead In Your Home. “ The pamphlet my be printed from the internet at http://www.epa.gov/lead/pubs/leadpdfe.pdf or may be requested by contacting the National Lead Information Center at 1-800-424-5323.
3. Leasing agreements must include certain notifications and disclosure language.
4. Sellers, lessors, and real estate agents share responsibility for ensuring compliance.
Owners are required to maintain their units to ensure that the paint is in good condition. The unit exterior and interior including common areas must be free from cracking, chipping, chalking, damaged paint, paint dust, paint chips, or other paint debris.
Deteriorated paint or paint debris identified – What are the steps? If during a housing inspection, a unit built before 1978 that is occupied or will be occupied by a child under six (6) years of age, has deteriorated paint, visible dust, paint chips, or paint debris, the unit will not pass inspection. The deteriorated paint and/or paint debris is a Housing Quality Standard (HQS) violation.
1. The deteriorated paint and/or paint debris must be stabilized. Paint Stabilization: * Repair of any physical defect in the substrate of a painted surface or building component. Defective substrate conditions may include dry-rot, moisture-related defects, crumbling plaster, missing siding, or other components not securely fastened. * Under safe work practices, remove all loose paint and other loose material from the surface being treated. * Application of new protective coat of paint to the stabilized surface.
2. After the paint is stabilized, the owner will need to provide LHA with the following in order to meet HQS requirements and for the unit to pass inspection: * A "clearance certificate" from a certified lead-based paint examiner. * The owner must sign an owner's certification stating that EPA Lead; Renovation, Repair and Painting requirements were met.