The Residential Lead-Based Paint Hazard Reduction Act

The Residential Lead-Based Paint Hazard Reduction Act

The Residential Lead-Based Paint Hazard Reduction Act is the federal law that addresses the health problems that have been associated with the use of lead-based paint in apartments and rental units. The Act and its enforcement regulations apply to rental properties that were built before 1978.

Compliance with the Act

Under the federal law, a landlord must give each tenant a brochure from the Environmental Protection Agency (EPA) or the appropriate state agency that details how to protect oneself from the hazards of lead-based paint. The landlord and the tenant must sign a statement that the brochure was given and received.

Penalties and Damages for Noncompliance

Statutory penalties may be imposed against a landlord for each failure to comply with the disclosure requirement. In addition, a tenant may be able to recover damages for lead-based paint injuries suffered due to the failure to disclose. The penalties and damages available may vary, depending on whether the alleged nondisclosure arose under the Act or the relevant state law.

Exempt Property

The Act applies to rental units that were built before 1978. Newer property is not subject to the Act. Property that has been certified by a state inspector as being lead-free is also exempt, as are lofts, efficiency apartments, studio apartments, and a single room that is rented in a residence. Housing designed for disabled persons or for retirement-aged seniors who have no children under six years of age living there are exempt. Short-term vacation rentals are also exempt.