Lead base paint has been of utmost importance since March 6, 1996, when the Environmental Protection Agency (EPA) & Housing & Urban Development (HUD) released regulations on the Residential Lead Based Paint Hazard Control Act. Additionally, the EPA invoked the Lead-Based Paint Pre-Renovation Education Rule, requiring notification to occupants in advance of work that could disturb lead-based paint. The danger from lead is that adults, children, and even animals can ingest lead by breathing or swallowing lead-based paint dust or by eating lead-contaminated soil or lead-based paint chips.

 

Reviewing Existing Law

The law applies to properties built prior to 1978 . Sellers, property owners, and professionals must comply. There are exceptions listed below:

·   Any rental less than 100 days (such as a vacation home)

 

·   Zero-bedroom units such as efficiencies, lofts and dormitories

 

·   Housing exclusively for the elderly

 

·   Housing for handicapped unless children are present

 

·   Rental housing that has been inspected by a certified inspector and found to be free of paint

 

·   Housing being sold because of foreclosure

 

·   Emergency renovations or repairs; minor repairs disturbing 2 sq. feet or less of paint per component

 

 

The general guidelines for compliance by landlords and property managers are :

·   Sellers and property owners must disclose known paint hazards and provide available reports to buyers and tenants. You do not have to supply a report if there is not an existing report.

 

·   Property managers and owners must give buyers and renters a federal pamphlet titled “ Protect Your Family from Lead in Your Home.”

 

·   Property managers and owners must include certain language in rental agreements to ensure that disclosure and notification actually take place.

 

·   For rental transactions, the property managers and owners must provide the information prior to accepting an application and complete the disclosure portions of the rental agreement and/or lease prior to renting.

 

·   Prior to any renovation or maintenance, landlords must take steps to notify tenants in writing 7 days in advance of the

·   work to be completed and once again, provide the pamphlet previously referenced.

 

·   Courts can fine Property owners up to $10,000 for civil and criminal fines for each violation. Additionally, owners can pay up to triple damages in a lead-based paint lawsuit if they knowingly violated the rules.

 

 

New Federal Requirements

The EPA has now issued new federal requirements for contractors who renovate or repair housing, child-care facilities, or schools built before 1978. The "Lead: Renovation, Repair and Painting Program" rule will take effect in April 2010 and prohibits work practices creating lead hazards. Requirements under the rule include implementing lead-safe work practices and certification and

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3120 N Arizona Ave., Ste. 102

Chandler, AZ 85225

 

EricksonRealtyGroup.com