It is important for property owners and managers to comply with federal and state laws that are intended to protect renters from lead paint exposure.
Lead is regulated by several federal laws, most notable for housing providers is The Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X. The Environmental Protection Agency (EPA) maintains a section on their website that is devoted to lead compliance, which provides this guidance:
“Property Managers and Landlords
As owners, landlords, agents and managers of rental property, you play an important role in protecting the health of your tenants and their children. Buildings built before 1978 are much more likely to have lead-based paint. Federal law requires you to provide certain important information about lead-based paint and/or lead-based paint hazards before a prospective renter is obligating under lease to rent from you.
Landlords must give prospective tenants of target housing, including most buildings built before 1978:
- An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).
- Any known information concerning lead-based paint or lead-based paint hazards pertaining to the building.
- For multi-unit buildings this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.
- A lead disclosure attachment to the lease, or language inserted in the lease, that includes a “Lead Warning Statement” and confirms that you have complied with all notification requirements.
- Sample Lessor’s Disclosure of Information in English (PDF) and in Spanish (PDF).”
According to the EPA, “target housing is defined in the Toxic Substances Control Act (TSCA) as any housing constructed before 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling. However, target housing does include pre-1978 housing for the elderly or persons with disabilities, if any child under age six resides or is expected to reside in such housing.”
It is also important to note that contractors that do work on properties built before 1978 are required by law to be certified in lead-safe work practices.
Article 32 of 410 Indiana Administrative Code also governs lead abatement activities:
Indiana law states that any companies or individuals who perform lead abatement on targeted housing (houses or child occupied facilities built before 1978) must:
- be licensed by IDOH as an abatement contractor,
- provide written notification to the IDOH of each abatement project,
- conduct a pre-abatement lead inspection or lead hazard screen,
- conduct abatement activities using appropriately licensed individuals,
- conduct the abatement activities using lead safe work practices, and
- pass a post-abatement clearance procedure.