In March 2021, the Environmental Protection Agency (EPA) released a new Lead brochure entitled “Protect Your Family from Lead in Your Home”.
As noted on the EPA website, the pamphlet was created to explain “the dangers of lead in your home and how to protect your family from lead-based paint hazards.”
Impact for Landlords
Federal law requires property owners to advise and disclose to tenants the hazards of lead-based paint. Specifically, landlords must:
- Disclose known lead concerns
- Provide tenants with the most up-to-date EPA approved informational materials
- Maintain records of lead issues and mitigation efforts
In Illinois, the Illinois Lead Poisoning Prevention Act identifies further landlord obligations based on:
- The year the property was built
- If a lead hazard has been mitigated
- Notice, inspection reports, and/or a certificate of compliance
- Other factors determined by public health requirements
Legal Guidance
The updated EPA lead brochure replaces the prior pamphlet that is no longer valid. It’s imperative that landlords bring their leasing procedures into compliance with the new EPA disclosure.
Landlords who continue to utilize the outdated pamphlet can face penalties, violations, and fines if they fail to properly disclosure land-based paint and hazards.
What’s in the new “Protect Your Family” brochure?
The updated pamphlet addresses:
- Sources of lead
- Health effects of lead exposure
- Steps to protect from lead hazards
- How lead gets into the body
- Lead paint identification and hazards
- Renovation and repair with lead-based paint
- Checking a home for lead
- Lead testing
To view the “Protect Your Family” pamphlet, visit: https://www.epa.gov/lead/protect-your-family-lead-your-home-english
Legal Resource
KSN can assist landlords and rental property managers by reviewing leases and leasing procedures to ensure they are in compliance with federal, state, and local laws.
If you would like to speak to one of our attorneys, KSN can be reached by calling 855-537-0500 or by visiting ksnlaw.com.
Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2021 Kovitz Shifrin Nesbit, A Professional Corporation.