Lead paint was officially banned by the U.S. Consumer Product Safety Commission in 1978. More than 40 years later, though, the paint continues to present challenges to landlords, tenants and homeowners alike. Exposure to lead paint can lead to serious health challenges, which is why the government requires anyone leasing property built before 1978 to disclose the risks. Cal Bay Property Management's Scott Safadi advises other landlords to be upfront about the presence of lead paint. Doing otherwise could result in serious legal trouble.
The Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, was passed in 1992. It requires anyone selling or renting single or multi-family units to disclose information about any lead-based paint used in the home. This information must be shared before a lease is signed. Tenants must also be given information about how to protect their family while living in a space with lead paint. Failure to comply with the law can result in a lawsuit. Victims may sue for up to three times the cost of their damages. Depending on the severity of the illness caused by the lead paint, this could total into the thousands. There are, however, a few exemptions to the law. Only property owners of homes built after 1978 need to disclose the risk of lead paint. Units that are considered to be studios or lofts with no bedrooms also do not need lead paint disclosures. For those renting out apartments in the short term on sites like AirBnB, there is no need to disclose lead paint risks, so long as the rental period is shorter than 100 days. Finally, if your building has passed a lead-free inspection by a state-certified inspector, you will not have to disclose anything about the building's use of lead paint. - Scott Safadi, Cal Bay Property Management
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AuthorScott Safadi leverages extensive experience in the real estate industry to serve as the CEO of Cal Bay Property Management (CBPM), which he founded in Palo Alto, California. Archives
January 2020
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