These properties are not covered by Title X:
When a landlord renovates occupied rental units or common areas in buildings constructed before 1978, EPA regulations require that current tenants receive lead hazard information within 60 days of the date the renovation will begin. (EPA regulations define "renovation" as any change that disturbs painted surfaces, with some exceptions such as minor repairs and emergency renovations.) These regulations were developed under the federal Toxic Substances Control Act and became effective in June 1999.
If the renovation is taking place in an occupied rental unit, the renovator (landlord or outside contractor) must give tenants in the unit a copy of the EPA pamphlet "Protect Your Family From Lead in Your Home." If common areas will be affected, the renovator must distribute a notice to every rental unit in the building, describing the nature and location of the renovation work and the dates work is expected to begin and end.
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Because of the health problems caused by lead poisoning, the Residential Lead-Based Paint Hazard Reduction Act was enacted in 1992. This law is commonly known as Title X (Ten). Environmental Protection Agency (EPA) regulations implementing Title X apply to rental property built before 1978.
Under Title X, before signing or renewing a lease or rental agreement, a landlord must disclose any known lead-based paint or hazards on the property. Both the landlord and tenant must sign an EPA-approved disclosure form to prove that the landlord told the tenants about any known lead on the premises. Property owners must keep this disclosure form as part of their records for three years from the date that the tenancy begins.
The landlord must also give every tenant the EPA pamphlet, "Protect Your Family From Lead In Your Home," or a state-approved version of this pamphlet.
A landlord who fails to comply with EPA regulations faces penalties of up to $16,000 for each violation. And a landlord who is found liable for tenant injuries from lead may have to pay three times what the tenant suffered in damages.