INFORMATION ABOUT LEAD-BASED PAINT

We hope that the questions and answers presented here will assist you in familiarizing yourself with some of the main issues and concerns associated with Lead-Based Paint and lead poisoning. While the material below attempts to answer common questions in this area, State and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT IS LEAD POISONING?*

Lead poisoning means having high concentrations of lead in the body. Lead can:

· Cause major health problems, especially in children under 6 years old;

· Damage a child's brain, nervous system, kidneys, hearing, or coordination;

· Affect learning;

· Cause behavior problems, blindness and even death; and

· Cause problems in pregnancy and affect a baby's normal development.

WHO GETS LEAD POISONING?*

Anyone can get it, but children under 6 are at the greatest risk, because their bodies are not fully grown and are easily damaged. The risk is worse if the child:

· Lives in an older home (built/constructed before 1978, and even more so before 1960);

· Does not eat foods containing sufficient iron or calcium;

· Has played in the same places as brothers, sisters and friends who have been lead poisoned.

Women of childbearing age are also at risk, because lead poisoning can cause miscarriages, premature births, and the poison can be passed onto their unborn babies.

WHERE DOES IT COME FROM?

The lead hazards that children are most often exposed to are lead dust, leaded soil, loose chips and chewable surfaces painted with lead-based paint. But lead also comes from:

· Lead-based paint on windows, doors, wood trim, walls and cabinets, on porches, stairs, railings, fire escapes and lamp posts;

· Drinking water (pipes and solder);

· Colored newsprint and car batteries;

· Highly glazed pottery and cookware from other countries;

· Removing old paint when refinishing furniture.

In recent years, some uses of lead in products that cause lead poisoning have been reduced or banned. This is true for lead in gasoline, lead in solder used in water pipes, and lead in paint. Still, a great deal of lead remains in and around older homes, with lead-based paint and accompanying lead dust as the major sources.

HOW MUCH LEAD MAKES A DUST HAZARD?

Until EPA completes work on regulatory standards for lead levels in dust, the Agency recommends the use of the following "clearance levels" (levels used to establish when a surface area is clean) for identifying dust hazards in key surfaces in the home. Use these levels in identifying lead-based paint hazards and sources of lead exposure and determining the need for control actions.

· Uncarpeted floors: 100 ug/ft2 (0.93 mg/m2)

· Interior window sills: 500 ug/ft2 (465 mg/m2)

· Window wells: 800 ug/ft2 (745 mg/m2)

(ug/ft2 = micrograms per square foot is a measure of the mass of lead per square foot of surface). These samples are usually analyzed by a lab and collected by an inspector using vacuum or dust wipes.

ARE THERE LAWS THAT GOVERN PRE-1978 HOUSING WITH LEAD-BASED PAINT?

Federally, Title X of the Housing and Community Development Act prevails. Both the Commonwealth of Pennsylvania and the State of New Jersey have enacted laws governing lead-based paint in housing.

HOW DO I KNOW IF MY HOME HAS LEAD-BASED PAINT?*

The only way you can know for sure is to have the home tested by a qualified firm or laboratory. Both the interior and exterior should be tested. You should contact your local health or environmental office for help.

WHAT ARE THE RIGHTS OF TENANTS LIVING IN PRE-1978 HOUSING?

Landlords must provide tenants with a pamphlet that states lead may be present. The tenant may choose to have the house or apartment inspected for lead. If lead is present, the tenant must report the results to the landlord. The landlord must take appropriate action to remove the lead-based paint. Tenants may pursue a course of legal action should the landlord not comply. The landlord may not evict the tenant based upon the results of the lead paint inspection. If lead paint is present, the landlord must notify future tenants until the paint is removed.

WHAT ARE THE RIGHTS OF BUYERS PURCHASING A PRE-1978 HOUSE?

Buyers must receive a pamphlet stating that it is assumed that paint in a pre-1978 house is lead-based. The buyer may choose to have the house tested for lead-paint, usually at his/her own expense. If lead paint is found, the buyer has three options:

1. Under the terms of the contract, the buyer may be able to rescind same;

2. The buyer may negotiate to have the seller pay for the removal of the lead-based paint; or

3. The buyer may purchase the house as is.

Once a landlord or seller becomes aware of the presence of lead-based paint in the housing, the landlord or seller is obligated by law to notify all prospective tenants or buyers.

*Information supplied by U.S. Department of Housing and Urban Development.

DESSEN, MOSES & ROSSITTO is happy to assist you in any legal matter that involves either Pennsylvania or New Jersey, the two states in which our attorneys routinely practice. If you wish to contact us for more information concerning Lead Based Paint or any other field of law in which we practice, please send us an E-mail message and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

Department of Health and Human Services
The Lead Information Organization
The American Home Inspection Agency
Department of Housing and Urban Development
EPA Pamphlet and Rule

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