Philadelphia Lead Paint Disclosure and Certification Law
Our firm would like to provide an update to our clients who rent residential property in Philadelphia, to advise them of important updates to the City's Lead Paint Disclosure and Certification Law (the “Lead Law”), codified at Chapter 6-800 of the City Code. The Lead Law applies to all residential property built before 1978 and provides for a mandatory testing/certification program to try and reduce harm from the hazards of lead paint. As described below, the penalties for noncompliance with the Lead Law are substantial, including the right for a tenant to bring legal action to recover all rent paid during a period of noncompliance.
Effective October 1, 2020, all properties built before 1978 are subject to the Lead Law (not just properties with children under six)
The original lead certification law, passed in 2011, required landlords to test and certify their rental properties as lead-safe or lead-free if a child age 6 or under is residing in the property. Effective October 1, 2020, landlords are required to test and certify all rental properties built before 1978 as lead-safe or lead-free, regardless of the age of the tenants. in order to A) execute a new or renewed lease or B) receive or renew a rental license. These requirements were phased in by zip code, but as of April 1, 2022 the requirements apply to all rental properties in the City built before 1978.
Landlords are Required to Provide Tenants with a Lead-Safe or Lead-Free Certificate Prior to Signing or Renewing a Lease
The testing and certification requirements include:
1. Hiring a certified lead inspector to perform a lead test. Specialized contractors, approximate cost. By law, tenants are required to provide landlords with reasonable access to perform the test and - if necessary - associated remediation.
2. Providing a copy of the certification to the tenant prior to the lease term. Previously, landlords were required to have tenants sign a copy of the certification, however that requirement no longer applies. Landlords should still retain proof that the certification was provided.
3. No lessor shall enter into a lease agreement with a lessee to rent any residential housing unless (.1) the lessor provides the lessee with a current pamphlet produced by the City that describes best practices for reducing the risk of lead exposure from lead service lines and lead plumbing components; and (.2) the lessor discloses to the lessee the existence of any known lead service line.
4. Providing the Department of Public Health with a copy of the certification.
The Penalties for a Landlord’s Failure to Comply with the Lead Law are Substantial, and including the inability and a potential lawsuit by the Tenant for all rent paid during a period of non-compliance (plus attorneys fees and exemplary damages)
The penalties for non-compliance with the Lead Law are severe. Specifically, pursuant to Section 6-809 of the Lead Law:
(3) Where a lessor does not comply with any provision of Section 6-803, the lessee shall be entitled to bring an action in a court of competent jurisdiction and a prevailing lessee shall be entitled to the following remedies:
(a) an order requiring the lessor to provide the required certification and the performance of the necessary work to make the property lead safe;
(b) damages for any harm caused by the failure to provide the certification;
(c) exemplary damages of up to two thousand dollars ($2,000);
(d) abatement and refund of rent for any period in which the lessee occupies the property without a required certification having been provided; and
(e) attorney's fees and costs.
Additionally, (4) Where a lessor does not comply with any provision of subsection 6-803(3)(a), the lessor shall be denied the right to recover possession of the premises or to collect rent during or for the period of noncompliance. In any action for eviction or collection of rent, the owner shall attach either a copy of the certification required by subsection 6-803(3)(a) or documentation that the premises do not qualify as Targeted.
Put differently, failure to comply with the lead law can result in (1) an inability to evict a tenant; and (2) the potential for a tenant to bring a lawsuit against the landlord requesting a refund of all the rent they've paid, plus abatement of any future rent until a lead-safe or lead-free certificate is provided; (2) attorneys fees and costs, and (3) exemplary damages of $2,000.
A few other important notes:
-A lead-safe certificate remains valid for four years, but still needs to be provided to a new tenant prior to entering into a lease
-There is a presumption that a property was built before 1978