Disclosure: The Federal government legally requires all landlords and sellers to disclose certain information on lead based hazards in all housing and apartments built before 1978. 

 

Landlords: Must disclose all known information to their renters on the use of lead paint in the house/apartment and any lead paint hazards. All leases must include a disclosure form stating whether lead paint is present in the house or apartment. Many of these duties are spelled out in The Residential Lead Based Paint Hazard Reduction Act of 1992, better known as Title X. If a landlord fails to meet the requirements of Title X, they can be charged $10,000 per violation. Landlords may also be required to pay three times what a tenant suffers in damages in lead poisoning lawsuits.

 

Housing authorities: Under Title X, may be subject to all the same requirements as landlords

Sellers: Must disclose the same information as landlords before selling a house. The sales contracts must contain a disclosure form. All buyers have up to 10 days to test for the presence of lead hazards.

 

Renovation and Remodeling: Certain renovations and remodeling performed on houses/apartment built before 1978 may release hazardous lead dust into the air and lead to other lead hazards. Federal law mandates that contractors provide their clients with a pamphlet entitled Reducing Lead Hazards when Remodeling Your Home.

New York City: On August 2, 2004, “Local Law 1” went into effect in New York City.  The purpose of the law is to prevent childhood lead poisoning through the “remediation of lead paint hazards in housing and day care facilities.”  The law applies to all pre-1960 multiple dwellings and requires owners to take certain disclosure and remediation measures on their properties that were built between 1960 and 1978. 

 

1) Owners must make annual inquiries of their occupants as to whether there are children under 7 that are living or will live in the apartment. This applies to occupants that will reside under a lease-up, lease renewal, agreement to lease, and commencement of occupancy. If an occupant does not respond, the owner must physically inspect the dwelling to check whether a child under 7 is living there. In addition to making the inquiry, the owner must provide a notice to each lessee listing out the owner’s responsibilities under the law and a pamphlet to each occupant containing information on lead paint hazards.  

 

2) Owners must carry out annual investigations on any of their properties in which children under 7 live for the existence of lead paint hazards both within the apartment and in common areas shared by residents. The owner must look for friction and impact surfaces, chewable surfaces, deteriorated sub surfaces, and peeling pain. The investigations must be carried out more frequently than on an annual basis if the owner knows a lead paint hazard exists or receives complaints about such a condition.

 

3)  The owner must take measures to remove lead hazards using trained workers and safe practices.

 

4) Make apartments lead safe upon turnover.

 

5)  Must use trained workers and safe practices when making renovations in dwellings where children under 7 live and in the common areas associated with these dwellings.  

 

6) Ensure that any repairs or renovations in dwellings where children under 7 live and in the common areas associated with these dwellings  be followed-up by lead-contaminated dust clearance tests. 

 

All contractors performing construction activities in dwellings where children under 7 live and in the common areas associated with such dwellings must ensure that only trained workers are used.