Lead Hazard Disclosure

1
Lead Hazard Disclosure

• Protecting the Publics 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 (contd)

• 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.

18
(No Transcript)
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 Doesnt 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 Doesnt Disclose? (contd)

• 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 childrens 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 [phone]-LEAD 5323
• Fax [phone]
• E-mail and online document requests
• www.epa.gov/lead/nlic.htm