Jan E. Beran, Attorney at Law

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Lead Paint Hazards

Experts have estimated that ten percent of us may have higher than acceptable levels of lead in our bodies. While we may ingest lead from a number of sources (including tap water and dust), EPA and HUD think the highest concentrations are coming from lead paint. As a result, they have established regulations requiring disclosure of the potential risks of lead paint. By requiring disclosure of the health risks, EPA hopes to alert buyers and tenants to the dangers of lead paint. Sellers and landlords who fail to comply with the disclosure law are exposed to significant financial consequences. This is an important issue for our nation's health and could have serious adverse financial impact on landlords who fail to comply.

Buyers and tenants must receive the lead paint poisoning pamphlet for housing built prior to 1978. Landlords with affected properties should attach an addendum to a rental agreement where the tenant acknowledges receipt of the pamphlet and any known lead hazards or incorporate a disclosure in their rental agreement and/or application. If sellers and landlords don't provide the buyer/tenant with a lead paint pamphlet and the buyer/tenant acquires lead poisoning, the seller/landlord can be held liable for damages caused by lead paint poisoning. Go to the EPA site. This link will allow you to download the approved pamphlet complete with graphics. The pamphlet in PDF format. If you need the pamphlet in other languages, go to the EPA's site.

Go to the BeranLaw Download page to obtain the current Lead Paint disclosure Form from my site.

Every landlord should have a supply of lead paint pamphlets and disclosure statements on hand at all times.

To comply fully with the law, you need to give the prospective tenant a pamphlet AND have them sign the lead paint disclosure statement.

You should deliver the Protect your family from Lead Paint in Your Home pamphlet and any known lead studies and have the buyer/tenant acknowledge receipt. This lead paint law is very precise. Lead paint poisening is suspected in many seriously brain damaged children across the nation. The danger comes from chipping lead paint. Also, if you are remodeling an older home/apartment building there are guidelines which went into effect in 1999. In addition, Nebraska Law now requires certain work to be performed by certified lead paint abatement specialists.

EPA spot checking compliance. Several of my clients have been visited by investigators for EPA in the past couple of years. Those clients whose disclosures were up to date passed with flying colors. However, the investigator digs really deep to find any non-compliance he/she can.

There are new rules for renovation, repair and painting that the apartment owner/manager needs to be aware of. Please visit the EPA's site to get their latest information about the new RRP rules.

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