Philadelphia Lead Law Compliance Guide for Landlords

Updated October 2020 Edition | Mandatory for Pre-1978 Rental Properties

Why Lead Safety Matters

Lead exposure poses severe health risks, particularly to children under 6 years old. Even low levels of lead can cause:

Permanent neurological damage affecting IQ and cognitive development
Behavioral problems including reduced attention span and increased aggression
Physical symptoms like hearing loss, anemia, and stunted growth

⚠️ Primary Exposure Sources

In Philadelphia homes built before 1978 (when lead-based paint was banned):

Peeling/chipping paint (especially on windows, doors, and trim)
Lead dust from friction surfaces or renovation work
Contaminated soil around the property

Does This Law Apply to You?

The Philadelphia Lead Certification Law applies if:

You own any rental property in Philadelphia
The property was built before 1978
You are applying for or renewing a rental license

Important Change (2020): Certification is now required for all pre-1978 rental units, regardless of whether children live there or not. Previously, only units with young children needed certification.

Legal Requirements Summary

📋 Four Key Obligations

Certification: Obtain either a “Lead-Safe” or “Lead-Free” certificate for each unit
Disclosure: Provide tenants with required documents before lease signing
Maintenance: Promptly address any reported peeling paint using lead-safe practices
Recertification: Renew Lead-Safe certificates every 4 years

Rental License Connection

The Philadelphia Department of Licenses and Inspections (L&I) will not issue or renew your rental license without proof of lead compliance. This applies at both initial application and renewal.

Certification Options Explained

1. Lead-Safe Certification

This is the most common certification for older properties that have been properly maintained.

Requirements:
- No deteriorated paint (peeling, chipping, flaking)
- Passing dust wipe tests (below EPA clearance levels)
Validity: 4 years from inspection date
Cost: Typically $150-$300 per unit depending on size
Inspector Qualifications:
- PA Licensed Lead Inspector-Risk Assessor or
- EPA Certified Lead Dust Sampling Technician

2. Lead-Free Certification

This is less common and requires more extensive testing.

Requirements: No lead-based paint found anywhere in the unit (including under layers)
Validity: Permanent (unless lead paint is introduced later)
Cost: Typically $400-$600 per unit due to more thorough testing
Inspector Qualifications: Must be a PA Licensed Lead Inspector-Risk Assessor

💡 Which Certification Should You Choose?

Lead-Safe is usually the practical choice for most landlords. Consider Lead-Free certification if:

The property has been completely stripped of original paint
You’re doing a full gut renovation
You want to avoid recertification every 4 years

Step-by-Step Compliance Process

1. Find a Qualified Inspector

Search for certified professionals through:

2. Prepare for Inspection

Address any visible peeling paint before inspection
Clean thoroughly to minimize dust
Ensure all areas are accessible (including basements and closets)

3. Complete Required Testing

The inspector will:

Visually examine all painted surfaces
Take dust wipe samples from floors and windowsills
Document the property’s condition with photos

4. Submit Certification

Upload your certificate and test results to:
https://leadcertification.phila.gov/login

5. Provide Tenant Documentation

Before lease signing, give tenants:

Your Lead-Safe or Lead-Free Certificate
EPA’s “Protect Your Family” pamphlet
Philadelphia’s “Partners for Good Housing” brochure
Certificate of Rental Suitability
Written advisory about paint inspection (sample available from PDPH)

Download Required Tenant Documents

⚠️ What If Your Property Fails?

If your property doesn’t pass inspection, you must:

1. Address Hazards Properly

Repair all deteriorated paint surfaces
Clean thoroughly to remove lead dust
Use EPA RRP-certified contractors for any work that disturbs paint

2. Understand Work Practice Requirements

All repair work must follow EPA Renovation, Repair and Painting (RRP) rules:

Containment of work areas with plastic sheeting
Use of HEPA vacuums for cleanup
Proper disposal of lead-contaminated materials
No dry scraping or open-flame burning

Landlord Alert: If you or your maintenance staff do any work that disturbs more than 6 sq.ft. of paint per room (or 20 sq.ft. exterior), you must become an EPA Certified RRP Firm. This requires completing an EPA-approved training course.

3. Retest After Repairs

You’ll need to schedule a follow-up inspection with dust wipe testing to confirm the unit is now lead-safe.

Ongoing Responsibilities

Maintaining compliance requires active management:

1. Regular Maintenance

Inspect units annually for paint deterioration
Address maintenance requests promptly
Document all inspections and repairs

2. Tenant Communication

Educate tenants about lead safety
Encourage reporting of peeling paint
Respond to concerns within 48 hours

3. Record Keeping

Maintain for at least 5 years:

All lead certificates and test results
Documentation of tenant disclosures
Records of paint repairs and maintenance

Penalties for Non-Compliance

Violations can result in:

Fines up to $2,000 per day per violation
Inability to rent the unit until compliance is achieved
Civil lawsuits from affected tenants
Criminal charges in cases of willful neglect

⚠️ Discrimination Warning

It is illegal to:

Refuse to rent to families with children
Steer families with children to certain units
Misrepresent lead status to prospective tenants

Violations can be reported to the Philadelphia Commission on Human Relations.

Resources & Contact Information

Essential Contacts

Philadelphia Lead and Healthy Homes Program
215-685-2788 | leadcert@phila.gov
Lead Certification Submission Portal
https://leadcertification.phila.gov/login
National Lead Information Center
1-800-424-LEAD (5323)

Key Documents

Download Full Compliance Package