Landlord Obligations For Lead Pain Poision

Under existing federal laws, primarily enforced by the U.S. Department of Housing and Urban Development and the Environmental Protection Agency, landlords and real estate agents are required to inform potential tenants or homeowners of the existence of lead based paint in a given property built before 1978, per the Residential Lead-Based Paint Hazard Reduction Act of 1992. Since 1977, the federal government has banned lead paint use in the United States per a Consumer Product Safety Commission mandate. However, a large number of properties, homes, and rental facilities still exist that did at one point legally use lead based paint in their construction and decoration. In order to protect consumers (most notably the children of consumers), landlords and real estate agents face stiff regulation requiring informing potential tenants of the existence of lead based paint. Furthermore, various state and municipal laws cover lead paint poison in homes, which essentially expound upon and widen the scope of existing federal laws concerning lead based paint.

What a Landlord Must Do in Light of Lead Based Paint

Enforcement and regulation of the Residential Lead Based Paint Hazard Reduction Act of 1992 commenced in 1996, and in turn, continues to this day. Requirements of landlords noted in the current regulations include the following:

Property owner, agent, or other party involved in sale or lease of residential property must disclose to any potential renter or buyer a complete list of disclosures on any currently known information concerning the existence of lead-based paint hazards in a given property.

Furthermore, a landlord must provide federal public safety literature to the potential tenant or owner, which has been approved by the Environmental Protection Agency and essentially outlines the risks and hazards posed by lead based paint.

Property owners, at their own discretion, may test for lead-based paint in their property, but is not legally required to do so. However, should a property owner elect not to test for lead based paint hazards, he or she must inform potential tenants or owners of their intention to do so.

Potential tenants or owners must confirm they understand the inherent risks posed, as well as confirm they have reviewed a disclosure provided by a landlord or owner.

Getting Legal Help for Lead Based Paint Poison Claims

In reality, lead based paint complication arise over time, and in turn, proving liability for these cases is often a complex and long-term legal matter best handled by a lawyer. If you are concerned about the potential for lead paint poisoning or believe you already are experiencing symptoms of lead paint poisoning, consult with a lawyer to determine what your legal rights to recover damages may be.

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