Tenant Rights Regarding Lead Paint
Lead-based paint increases the risk of health problems in children. It may cause low-level lead poisoning that can impair the ability of a child to learn, cause disabilities and impair hearing. Consequently, federal and state laws regulate the presence of lead-based paint in rental buildings.
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Title X
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Because lead-based paint poses a hazard to the health of children, Title X, the Residential Lead-Based Paint Hazard Reduction Act of 1992, was enacted by Congress to help reduce the threat, create a national strategy to tackle the problem and educate the public about the risks of exposure to lead-based paint.
Notification
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Federal law requires that a landlord notify new tenants of the presence of lead-based paint in buildings built before 1978 if the landlord has knowledge of its existence.
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Disclosure
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A landlord is required by federal law to provide new tenants that sign a lease or a rental agreement with a disclosure form and with the booklet entitled "Protect Your Family From Lead in Your Home."
Remediation
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Unlike federal law, in some states, the law may require a landlord to remove the lead-based paint or cover it.
Lawsuits
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A tenant may be entitled to damages if the landlord was aware of the presence of lead-based paint and the tenant sustained injuries.
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