Region 1: EPA New England
Landlords Should Check Compliance With Lead Disclosure Laws
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
By Robert Varney
January 2002
Childhood lead poisoning is a major public health problem in New England and it is a top priority at the U.S. Environmental Protection Agency’s New England Office. Among the areas we are targeting is making sure landlords and property owners are complying with federal laws requiring them to notify tenants of potential lead-paint hazards in their dwellings.
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Failure to comply with these disclosure requirements can have serious consequences – both for tenants whose lives can be seriously jeopardized by lead paint exposure and for property owners who can be held legally liable.
One such case was resolved last December when James Aneckstein and his company, JTA Real Estate Brokerage and Property Management of Manchester, NH, pleaded guilty in federal court to forging lead hazard disclosure documents. The criminal case stemmed from an EPA investigation of a lead poisoning death of a two-year-old girl in Manchester in April 2000. It was the first case in New England, and only the second in the country, in which federal officials have prosecuted a corporation criminally for failing to comply with federal residential lead-based paint disclosure laws.
After a finding by the Manchester Health Department that the girl’s lead poisoning was most likely caused by lead paint hazards at her home, EPA staff investigated Aneckstein’s compliance with the 1992 Federal Lead-Based Hazard Reduction Act. Rules promulgated under the act, found at 40 C.F.R. Part 745, Subpart F, went into effect in 1996. The rules require disclosure to renters and purchasers that a residence constructed before 1978 may contain lead-based paint and/or lead-based paint hazards. Additionally, any specific information pertaining to lead paint in the residence must be provided to the prospective purchaser or lessee. The law makes clear that property managers, agents, lessors and sellers are all responsible parties, who must keep documentation of the disclosure actions for at least three years. Complying with state laws does not necessarily keep you in full compliance with the federal requirements.
EPA and HUD are using every tool at their disposal to improve compliance with the disclosure rules and prevent harm from lead-based paint. This includes targeted outreach and education for landlords, and a heightened enforcement presence, including inspections. EPA and HUD have the authority to assess penalties, and the ability to refer serious cases to the US Attorney.
Children are especially susceptible to the risks of lead poisoning, both because of a higher probability of ingestion of lead particles and because of a higher degree of vulnerability. Lead poisoning can cause serious damage to developing organs, particularly nervous systems. In addition to health problems such as kidney damage and hearing loss, links have been established between high blood levels of lead and cognitive impairment and behavioral problems.
Even if tenants don’t have written contracts, written disclosure documents are still required as part of the transaction. EPA’s Disclosure Rule embodies the idea that someone exposed to risks has the right to know about it. Properly informed tenants and purchasers can take action to prevent exposure, including reducing the generation of dust from lead-containing surfaces, or choosing not to reside in the housing.
If you believe that disclosure to an existing tenant was performed back in 1997, note that a lease renewal incorporating any material change in the lease contract, including a raise in rent, requires you to supply any new pertinent information about the dwelling. If you have not received any new information pertaining to lead in your units, you still may have to provide documentation of previous disclosures to tenants. If you are a Lessor relying on a previous landlord’s assurances that disclosure was made, make sure you have copies of the former lessor's disclosure documentation in your files for each of your lessees, or perform the disclosure yourself.
Respecting the right to know about lead paint is a simple and easily implemented approach to protecting tenants, purchasers, and yourself.
Robert Varney is regional administrator of EPA’s New England Office. For more information, visit https://www.epa.gov/region1/compliance/enflead.html