As a California landlord, even if you have no proof of lead-based paint in your rental property, you are still required to provide a lead-based paint disclosure addendum to potential tenants when getting your property ready to rent, as well as at the time of lease signing.
This form is federally mandated for any lease agreement involving residential properties built before 1978. In addition to the disclosure, California law also requires landlords to provide tenants with an informational pamphlet outlining the risks associated with lead-based paint.
Why Use a Lead-Based Paint Disclosure Addendum?
Back in 1978, the U.S. Consumer Product Safety Commission banned lead-based paint due to its serious health risks. To protect families from lead exposure through paint, dust, and soil, Congress passed the Residential Lead-Based Paint Hazard Act.
This law prompted the Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) to establish requirements for informing new property owners and renters about potential lead hazards, particularly inside the home. These requirements include providing a lead-based paint disclosure form to tenants.
What to Include in a Lead-Based Paint Disclosure Addendum?
A Lead-Based Paint Disclosure Addendum must be included in all new lease agreements for California residential properties built before 1978. This addendum should contain the following sections:
- Type of Addendum: Clearly state that this is a Lead-Based Paint Disclosure Addendum at the beginning.
- Lead Warning Statement: Inform the tenant about the potential presence of lead-based paint in the property, as well as the associated health risks of lead exposure.
- Lessor’s Disclosure: This section has two parts. The first indicates whether the landlord is aware of any lead-based paint or hazards at the property and provides any relevant disclosures. The second specifies whether there are any related reports or records and confirms whether these have been shared with the tenant.
- Lessee’s Acknowledgment: The tenant acknowledges receiving the required information from the landlord, including the pamphlet “Protect Your Family from Lead in Your Home.”
- Agent’s Acknowledgment: If a property agent is involved, they acknowledge their duty to ensure compliance with the disclosure requirements and inform the landlord of their obligations.
- Certification of Accuracy: A statement affirming that the information provided is accurate to the best of both parties’ knowledge, signed by the landlord, tenant, and agent.
- Signatures and Dates: The document should be signed and dated by the landlord, tenant, and agent (if applicable).
Including all these elements ensures compliance with federal and California state regulations regarding lead-based paint hazards in rental properties.
Just like the original lease agreement, both the landlord and tenant should retain a signed copy of the Lead-Based Paint Disclosure Addendum.
This addendum is considered part of the lease and should be stored together with other important rental documents. California landlords are required to keep signed copies of these documents for three years.
In California, a significant percentage of homes are at risk for lead exposure due to their age. In addition to the federal disclosure requirements, California has additional state laws that landlords must comply with, including:
- Accreditation of Training and Certification: This statute establishes a program to accredit training providers for lead-related construction and certifies individuals qualified to conduct lead-related work.
- Lead-Safe Housing and Lead Hazards: California’s civil and health safety codes define a building as violating state housing law if it contains lead hazards. These codes empower law enforcement to enforce these provisions, with the potential for criminal charges against individuals involved in certain acts.
Refer to the following for California Lead Poisoning Prevention Regulations
Title 17: Screening for Childhood Lead Poisoning Regulations
Chapter 9, Sections 37000 to 37100: Establishes a standard of care for healthcare providers regarding the screening and assessment of childhood lead poisoning. This includes anticipatory guidance, risk assessment, and blood lead testing for children at risk.
Accreditation, Certification, and Work Practices for Lead-Based Paint and Lead Hazards
Chapter 8, Section 35001 et seq.: Explains requirements for lead hazard evaluation and abatement activities, including the training providers and certification of individuals performing lead-based paint and lead hazard work.
Childhood Lead Poisoning Prevention Programs
Chapter 6, Sections 33001 to 33060: Specifies the Childhood Lead Poisoning Prevention Fee, along with definitions, exemptions, and reassessment or transfer requirements.
Lead-Safe Housing and Lead Hazards in California
California’s legal framework regarding lead hazards is outlined in several codes:
- California Civil Code Section 1941.1 and California Health & Safety Code Sections:
- 17961
- 17980
- 124130
- 17920.10
- 105251 to 105257
These statutes deem a building to violate the State Housing Law if it contains lead hazards. Local enforcement agencies are tasked with ensuring compliance with provisions related to lead hazards.
Key provisions include:
- Criminal Liability: It is a crime for individuals to engage in lead hazard evaluation, abatement, or lead-related construction without certification or accreditation from the Department.
- Enforcement Actions: Local agencies are authorized to order the abatement of lead hazards
Bottom line
Landlords must comply with the Lead Disclosure Act, which requires disclosure of lead-based paint in properties to protect tenants, especially children, from lead poisoning risks. This ensures a safer environment and adherence to federal and state laws.
Navigating the complexities of lead-based paint disclosures and other legal requirements can be overwhelming for landlords. Partnering with a trusted property management company like East Bay Property Management, ensures legal compliance, Safeguard yours and your tenants’ well-being.
Disclaimer: Please note that the information in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that property management may change, making this information irrelevant by the time you read it.