In 1992 Congress passed the Residential Lead-Based Paint Hazard Reduction Act to protect families from exposure to lead from paint, dust, and soil.
As a result. the Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) require the disclosure of any known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.
Since this act was passed by the federal government, many states have established their own lead laws based upon the federal act.
In the case of the State of Pennsylvania, guidance on the implementation of the act at a local level has been provided to Pennsylvania municipalities. Not surprisingly, the largest city in the state, Philadelphia, enacted their own lead law back in 2012. Philadelphia’s initial lead law required rental properties built before 1978 to be tested for lead IF a child under the age of 6 occupied the property.
Not surprisingly, this was difficult to manage and enforce for Philadelphia and required landlords to certify that the property did/did not have a child occupant. As such, some landlords did not comply with this law.
The law was subsequently amended and in 2020, the City of Philadelphia updated its lead law, requiring ALL rental properties to be tested for lead, regardless of the age of the occupants.
This law was implemented over phases (4 phases) starting October 1, 2020, based upon the ZIP code of the property location. This phased implementation occurred over the period October 2020 through September 2022.
Additionally, the law required that the lead certification be submitted to the City’s Public Health Department. Enforcement of landlord compliance is managed via a requirement that a rental license (required for all rental properties) cannot be renewed without a lead certificated filing (and approval) by the City’s Public Health Department. Also, each lead certificate is required to be sent to the tenant.
Lastly, and importantly, the law imposed severe fines (up to $2,000 per day) against the landlord, property manager or a rental agent. And as importantly, if a tenant has not received proof of the lead certificate (or the occurrence of a lead test), they are NOT required to pay rent (and if sued in court, the landlord can be fined for triple damages).
The lead certificate (lead safe) is valid for 4 years. Unless the law is changed, in 2024, the City of Philadelphia will begin another cycle of lead testing.
If you are a landlord in the City of Philadelphia and have not complied with this lead law, please be certain to take the necessary steps to do so. If you have recently purchased a rental property in Philadelphia, ensure that your property has been tested and reported (as well as send the lead certificate to your tenants).
If you are looking for additional information about lead testing, the lead law or have questions, please contact our preferred vendor, Lead Testing Services, LLC @ 610 357 7964 or https://www.leadtestingservicesphila.com/about-us.
Sincerely,
Adam
610-357-7964
www.leadtestingservicesphila.com
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