Environmental Liability FAQ's This Is A Member-Only Page
Members' Homepage When was lead-based paint prohibited?
What are a landlord's legal responsibilities for lead in rental property?
Are there penalties for noncompliance?
Are any rental properties exempt from Title X regulations?
Landlord's Liability for Exposure to Asbestos
When was lead-based paint prohibited? Scientists and government health agencies recognized that there were health problems caused by lead poisoning many years ago. Lead paint was banned for use in European housing more than sixty years ago. The use of lead to raise the octane in gasoline and the manufacture and use of lead-based paint in housing was finally prohibited in the U.S. in 1978.
The Residential Lead-Based Paint Hazard Reduction Act, commonly known as Title X (Ten), was enacted in the U.S. 1992 and Environmental Protection Agency (EPA) regulations implementing Title X as to rental property were implemented in September and December of 1996. What are a landlord's legal responsibilities for lead in rental property? Before signing a lease or rental agreement, a landlord has been required to give every new tenant since 1997 the EPA pamphlet, Protect Your Family From Lead In Your Home. Both the landlord and tenant are also required to sign an EPA-approved disclosure form that will prove that the landlord told the tenants about any known lead-based paint or hazards. The required lead documents are available to members in the Forms Web.
Property owners must keep the disclosure form as part of their records for three years from the date of the start of the tenancy. While EPA regulations do not specifically cover tenancies created prior to September 1996, landlords should error on the side of caution and disclose information on lead-based paint or hazards to all residential tenants. Are there penalties for noncompliance? Property owners who fail to comply with EPA regulations face penalties of up to $10,000 for each violation and treble damages if a tenant is injured by the owner's willful non-compliance. Some states, like Massachusetts and Maryland, have imposed additional and more onerous regulations and penalties. Are any rental properties exempt from Title X regulations? These properties are not covered by Title X:
- housing certified as lead-free by an accredited lead inspector
- lofts, efficiencies and studio apartments
- short-term vacation rentals
- a single room rented in a residential dwelling
- retirement communities (housing designed for seniors, where one or more tenants is at least 62 years old), unless children are present.
Landlord's Liability for Exposure to Asbestos In addition to lead, property owners may be liable for tenant health problems caused by exposure to other environmental hazards, such as asbestos. Regulations issued by the Occupational Safety and Health Administration (OSHA) set strict standards for the testing, maintenance and disclosure of asbestos in buildings constructed before 1981. For more information on Title X regulations, contact the National Lead Clearinghouse at 800-424-LEAD. For information on asbestos call OSHA at (202) 219-8148 or check OSHA's Internet World Wide Web site at http://www.OSHA.gov.
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