Rentals & Lead Paint

People who rent their homes are disproportionately exposed to lead at higher rates than homeowners because they have less control over the conditions in their homes, less knowledge of materials used in the home, renovations performed in the home, etc. Although lead-based paint has been banned for residential use since 1960 in New York City and since 1978 in the rest of New York State and the country, most older housing has at least some old layers of lead paint. Typically, lead paint was used on kitchen and bathroom walls and throughout homes on doors, windows and wooden trim. Nationally, 20 percent of all housing built between 1959 and 1974 has some lead paint, 70 percent of housing built between 1940 and 1959 has some lead paint, and 99 percent of housing built before 1940 has some lead paint.

Landlord responsibility

In 1992, the Residential Lead-Based Paint Hazardous Reduction Act – commonly known as Title X – was enacted. It applies to rental property built before 1978, and is enforced by the U.S. Environmental Protection Agency.

Under Title X, before signing or renewing a lease or rental agreement, a landlord must disclose any known lead-based paint or hazards on the property. Both the landlord and tenant must sign an EPA-approved disclosure form to prove that the landlord told the tenants about any known lead on the premises. Property owners must keep this disclosure form as part of their records for three years from the date that the tenancy begins.

The landlord must also give every tenant the EPA pamphlet, “Protect Your Family from Lead in Your Home," or a state-approved version of this pamphlet.

A landlord who fails to comply with EPA regulations faces penalties of up to $10,000 for each violation. And a landlord who is found liable for tenant injuries from lead may have to pay three times what the tenant suffered in damages.

There are some properties not covered by Title X:

• Housing for which a construction permit was obtained, or on which construction was started, after January 1, 1978
• Lofts, efficiencies, and studio apartments
• Short-term vacation rentals of 100 days or less
• A single room rented in a residential dwelling
• Housing certified as lead-free by a state-accredited lead inspector
• Housing designed for persons with disabilities, unless any child less than 6 years old lives there or is expected to live there
• Retirement communities (housing designed for seniors, where one or more tenants is at least 62 years old), unless children under the age of six are present or expected to live there.

If your child or your family member has been exposed to lead or lead-based products, or you have experienced lead poisoning symptoms, you may be eligible to file a claim against those who used or provided lead based products. Know your legal rights. Contact the attorneys of Belluck & Fox LLP. We will provide you with fast, personalized and professional legal representation.