Landlord’s Quick Guide to Philadelphia Lead Law (October 2020 Edition)
1. The Problem:
- Lead Poisoning is Serious: Lead is dangerous for children, causing developmental problems, hearing loss, and learning difficulties. Properties built before 1978 may contain contaminated lead paint.
- Source: Peeling/chipping paint and lead dust are primary sources of lead exposure for children.
2. Does This Law Apply to You?
- If you own rental properties in Philadelphia built before 1978, this law applies to you and all your units.
- Key Update (Oct 1, 2020): Testing and certification are now required regardless of whether children reside in the property.
3. What the Law Requires (In a Nutshell):
- Certification: You MUST have your property certified as either “Lead-Safe” or “Lead-Free.”
- Disclosure: Provide specific documentation to tenants before they sign a lease.
- Rental License: You must certify compliance with this law when applying for or renewing your rental license. Noncompliance will prevent license issuance/renewal.
- Submission: Submit the Lead-Safe or Lead-Free Certificate and dust wipe results.
4. Certification Options:
- Lead-Safe:
- Definition: No deteriorated paint AND passing lead dust wipe tests.
- Validity: 4 years.
- Who Can Certify: PA Licensed Lead Inspector-Risk Assessor OR EPA Certified Lead Dust Sampling Technician.
- Lead-Free:
- Definition: No lead-based paint present at all according to EPA/HUD standards.
- Validity: Indefinite (as long as no lead-based paint is introduced).
- Who Can Certify: PA Licensed Lead Inspector-Risk Assessor.
5. Steps to Compliance:
- Inspection & Testing:
- Hire a qualified professional (Lead Inspector-Risk Assessor OR Dust Sampling Technician) to inspect for deteriorated paint and collect dust wipe samples.
- Certification:
- If the property passes, get a Lead-Safe or Lead-Free Certificate from the inspector
- Tenant Disclosure (Provide ALL of the following before lease signing):
- Completed Lead-Safe or Lead-Free Certificate (with supporting documentation).
- Written advisory about visual inspection of painted surfaces (see appendix of the full document of a sample advisory).
- EPA’s “Protect Your Family from Lead in Your Home” pamphlet.
- City of Philadelphia’s “Partners for Good Housing” brochure.
- Certificate of Rental Suitability
- Submit Documentation: Submit the Lead Safe or Lead Free Certificate and dust wipe results to the Lead Submission Site: https://leadcertification.phila.gov/login
6. If the Property Fails Inspection:
- Repair: You must repair deteriorated paint and address lead dust hazards before a tenant moves in.
- Lead-Safe Work Practices: Use EPA-certified renovators who follow lead-safe work practices (RRP – Renovation, Repair and Painting) to prevent further contamination. If you (the landlord) do the work or use your own employees, YOU must become an EPA Certified RRP firm.
7. Important Points:
- Tenant Responsibilities: Tenants must allow access for repairs and should report any peeling/chipping paint.
- Discrimination is Illegal: You cannot refuse to rent to families with children.
- Penalties for Non-Compliance: Fines up to $2,000 per day per offense, plus potential lawsuits.
- Reporting Deteriorated Paint: Landlords MUST promptly inspect and repair any deteriorated paint reported by tenants, following RRP guidelines.
8. Key Resources & Contacts:
- PDPH Lead and Healthy Homes Program: 215-685-2788 or leadcert@phila.gov
- Lead Submission Site: https://leadcertification.phila.gov/login
- Online Resources: EPA, HUD, CDC, Philadelphia Commission on Human Relations (for discrimination issues). Links to these resources are in the original document.
- National Lead Information Center Hotline: 1-800-424-LEAD (5323)