1. Lead Hazard Disclosure Protecting the Public’s Right to Know About Lead Hazards In Rental Housing

2. 1)Background information on childhood lead poisoning 2)Overview of the federal lead hazard disclosure law 3)Tenant rights under disclosure 4)Disclosure as a tool for controlling lead hazards Goals of this Presentation:

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 (cont’d) 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.

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 Doesn’t Disclose? I. EPA/HUD Enforcement Actions A.Civil penalties (fines) B.Administrative orders C.Injunctions D.Supplemental Environmental Projects (SEPs) E.Child Health Improvement Projects (CHIPs) F.Criminal actions

25. What If the Landlord Doesn’t Disclose? (cont’d) II.Private Actions A.Damages (including three times actual damages for willful violations) B.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 children’s 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:1-800-424-LEAD [5323] Fax:585-232-3111 E-mail and online document requests: www.epa.gov/lead/nlic.htm