Florida Landlord Network

It was amazing!  My regular Thursday morning golf game, the 14th hole at Hyde Park.  I nailed the tee shot right down the middle to the crest of the hill and then down about 270 yards.  Next, I pulled out a fairway driver.  A smooth, easy swing and the next thing I knew I was standing over my ball looking at an eight foot Eagle putt -- my first ever.  That's when my cell phone rang.

The caller was a well known landlord.  He and his partner have amassed hundreds of rental properties over the past few decades.

He said, "Paul I just got a letter from the Atlanta office of the Environmental Protection Agency (EPA).  It says they want to do an audit.  I told him they do that from time to time and he should have nothing to worry about.  I said: "They just want to make sure his tenants received the lead paint disclosure form and EPA pamphlet  He said: "What's that?"  Oooops!

Instantly I remembered reading about a Connecticut landlord who had been fined more than $80,000 by EPA for violating lead-based paint disclosure requirements.  If you are a landlord and you don't know your obligations for lead-based paint disclosure, you probably should keep reading.

In 1992 Congress enacted the Residential Lead-Based Paint Hazard Reduction Act -- Title X.  The Act requires EPA and HUD to enforce what is called the "Real Estate Notification and Disclosure Rule".

This Disclosure Rule requires landlords, property management companies, real estate agencies, and sellers to inform potential tenants and buyers of the presence of lead-based paint and lead-based paint hazards in housing which was built prior to 1978.  If the home was built after 1978 the Disclosure Rule does not apply.

Lead is a highly toxic metal that was used for many years in products found in and around our homes including interior and exterior paints. Lead may cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children 6 years old and under are most at risk, because their bodies are growing quickly.  This is very serious stuff.

Landlords have two simple disclosure requirements in order to comply with Title X.  The first is a form titled:"Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards".  Using this form the landlord notifies the new tenant about the presence of lead-based paint and/or lead-based paint hazard in the home.

Second the landlord must give the new tenant a copy of the EPA pamphlet titled "Protect Your Family from Lead in Your Home". There are several language versions available at www.flalandlord.com.

The lead-based paint disclosure rules are simple and easy to follow.  Your tenant has a right to the information and you have an obligation to provide it; plus, it may be an easy way to avoid a long and potentially expensive day with an EPA auditor.

Now back to my golf game.  The putt?  I choked and pushed it right.  I got my birdie then I put the next two in the water.  Golf!

Expanded Lead-Based Paint Rules
On September 15, 2000, Title X, Sec 1012 & 1013 took effect. These sections were added to existing lead-based paint regulations and cover any work done in a home built prior to 1978.

Before any work is performed in the apartment or home that disturbs more than 20 square feet of exterior surface, 2 square feet of interior walls, or 10% of any single component (window, door, baseboard):  The landlord must:

• Notify the tenant or tenants who are affected by the work. The notification must include specific language and disclosure information.
• The workers MUST be trained in a HUD approved lead-safe work practices class.
• BEFORE the tenants are allowed to re-enter the work area, the area must pass a "Final Clearance" to document that lead-hazard is not present.
  
• The tenant is then notified and given documentation that the job is complete and the area is lead-safe.

Not every landlord is covered by the new regulations.  Only those who own or manage pre-1978 housing and receive federal subsidies, such as loans, construction financing or have Section 8 tenants.

The fine for non-compliance can be as much as $10,000 per violation.

Even if you don't receive any type of federal subsidy you still have responsibility this means you can be sued for keeping tenants safe from lead poisoning.

Precisely following the lead-safe practices contained in Section1012 and 1013 can help defend you against a claim of negligence.  Plus, these practices can help prevent lead-based paint from escaping into the home.  No one wants to see our workers or our tenants exposed to this poison.

The new regulations require your maintenance staff, your sub-contractors and even you if your do your own maintenance, to receive lead hazard awareness training in a HUD approved course. Plus you have administrative responsibilities including specific notices and documentation.

Lead-based paint is moving center stage as the next big and potentially expensive issue which landlords and real estate investors will face.  Remember, ignorance of the law is no defense and that is exactly what your tenant's trial lawyer is hoping for.