The D.C. Council passed new and tougher legislation against lead paint hazards – “Lead-Hazard Prevention and Elimination Act of 2008” D.C. Code 8-117.04 (2009).

Overview:

1. Requires landlords to disclose potential at-risk tenants about previous LBP findings
2. Requires landlords to remove lead paint from properties that will be rented to at-risk tenants, defined as (a) children under six years old and (b) pregnant women.

1. Requires the Mayor’s office to inspect dwellings upon learning about potential lead paint hazards :
   1. Inspection can occur without notice to the landlord upon presentation of appropriate credentials to the owner and tenant (imminent threats allow entry without notice)
   2. Mayor’s office can mandate the temporary relocation of the at-risk tenants at the landlord’s expense
   3. Mayor’s office can mandate to the landlord to eliminate the LBP hazard in the property
   4. The tenant has a right to return to the dwelling under the same terms at the conclusion of the LBP removal work.
   5. The Mayor’s office may move to get the D.C. Attorney General to authorize at the cost of the landlord (a) relocation of a child with an elevated blood lead level and(b) correct any LBP hazards

Failure to pay the costs will result in a lien being placed against the property.

Triggers for this particular regulation:

1. Any rental dwelling unit built prior to March 1, 1978
2. Any property that the Mayor determines may have contributed to a child’s elevated blood lead level.
3. LBP Hazard means any condition that causes exposure to lead from:
   1. Lead-contaminated dust
   2. Lead-contaminated soil
   3. Deteriorated LBP or presumed LBP
   4. LBP  presumed LBP that is disturbed without containment

Complying with the regulation:

1. Starting January 1, 2010 owners of subject properties must disclose to tenants the information reasonably known to the owner about the presence of LBP hazards and pending actions by the Mayor under the Act.
2. Disclosures must be provided before any changes in occupancy or contract for possession is executed.
3. For a rental unit in which an at-risk person resides or regularly visits and the tenancy is commencing, a lease agreement exists, or a lease renewal signed; owner must provide a LBP clearance report issued within the last 12 months before obligating any lessee

Exemptions:

1. Properties built after March 1, 1978
2. Properties determined to be lead-free in the interior and lead-safe on the exterior (by a District-certified LBP inspector)
3. Three clearance reports are submitted over a period within the last seven years and issued at least 12 months apart

Article submitted by Scott Bloom, Washington Property Management

Information compiled from a Client Courtesy Memorandum furnished by the law offices of Magruder, Cook, Carmody & Koutsouftikis