Lead Paint
If you have a building constructed before 1978, the Department of Housing and Urban Development (HUD) requires you to give new and renewing tenants the federal Environmental Protection Agency (EPA) lead paint disclosure form, “Disclosure of Information on Lead-Based Paint and/or Lead Paint Hazards,” before they sign the lease. They should also receive the EPA booklet “Protect Your Family from Lead in Your Home.” The disclosure also should be written into every lease and rental agreement and signed and dated by you and your tenant.
Along with lead paint, buildings constructed before 1930 are likely to contain lead pipes, and lead solder, not prohibited until 1988, may have been used to seal pipe joints. And imported mini-blinds — from China, Indonesia, Mexico, and Taiwan — may also contain some lead.
Disclosure forms and the EPA booklet do not have to be handed out to tenants if they are:
Buildings constructed after January 1, 1978
Buildings certified as lead free by a state-accredited lead inspector
Zero-bedroom units, such as lofts or studios
Occupying the building for less than a hundred days
In designated elderly housing with no children
In housing designated for the disabled, if there are no children
Most states have adopted laws concerning the hazards of lead. In addition to prohibiting use of lead-based paint, they require property owners to monitor and maintain existing lead-based paint and building materials that contain lead, such as solder on copper water pipes. Some children love to chew on windowsills. Others eat flakes of paint off the walls and woodwork. If the paint is old, they could easily be eating lead. Lead causes brain damage, retardation, learning difficulties, hearing loss, developmental delays, and hyperactivity. If a child gets ill after ingesting lead, many communities hold landlords liable.
If you suspect you have lead in your building, have the area tested. Then, if results are positive, remove peeling or flaking paint or other sources of lead. Yes, it will be costly, but in the long run, less costly than what you'll have to pay if a court decides you are liable for the lead that led to the illness of a tenant's child. Get as much information as you can from your state and local government and figure out what your obligations are.
The EPA and HUD send out testers to find out whether landlords give prospective tenants information about lead hazards in their buildings. The agencies also impose penalties for non compliance, ranging from a mild warning to civil or criminal penalties that might include fines and damages for injured tenants.
Some insurance companies do not include lead poisoning in their general liability policies while others may specifically exclude liability for lead-based products. Review your policy with your insurance broker or agent and if you know there is lead in your building, think about paying extra for coverage. Don't simply decide not to rent to parents — that puts you at risk for discrimination complaints.
