What laws help prevent lead poisoning?
At the Federal level, the Lead-Based Paint Hazard Reduction Act of 1992, known as Title X (Title ten), is the source of much of the law of the land on lead paint. One of its most important requirements is the disclosure of known lead hazards at the time of the sale or lease of a home built before 1978. Sellers and landlords must also provide a pamphlet on lead poisoning to the buyer or renter before the pre-1978 property is sold or rented.
The Federal lead hazard disclosure laws have been vigorously enforced by the US Department of Housing and Urban Development (HUD), the US Environmental Protection Agency (EPA), and the US Department of Justice (DOJ). For the past five years, these Federal agencies have been working closely together to help ensure that property owners and real estate agents comply with the Title X disclosure requirements.
Similarly, Title X also requires renovators, remodelers, and others who conduct such activities for compensation in homes built before 1978 to provide the pamphlet entitled Protect Your Family From Lead in Your Home to the owners and occupants of affected housing, prior to beginning the work.
At the state or local level, your state or municipality may have enacted additional laws to protect you from lead poisoning. Check with your state and local health and housing departments for details.
Code enforcement is another important legal tool that can be used to prevent lead poisoning. Most local codes already prohibit chipping, peeling paint conditions.
Generally, under what is called "common law," tenants have a right to live in safe housing, otherwise known as the implied warranty of habitability. Premises that contain lead-based paint hazards are inherently unsafe places to live. If you can demonstrate that your rented home contains a lead-based paint hazard, you should immediately contact your landlord or property manager and notify them of the presence of a lead hazard. Do it in writing and keep a dated copy for your records. If they fail to respond in a timely and effective manner to this notification, you may have legal recourse against them. Consult an attorney for further information—and take your own precautions.
