The law has plenty to say about lead hazards and rental property. While this may seem daunting, most laws will be no problem if you:

1. Disclose to your tenants what you know about lead in your rental units (make sure to properly document the disclosure).
2. Keep up basic maintenance.
3. Respond promptly and thoroughly to complaints about lead.

Following is some information about the various laws that address lead in rental housing:

Federal Disclosure Requirements

A federal law, "Title X," requires that landlords disclose all known lead hazards in housing to prospective tenants prior to lease signing. It also requires that tenants are provided specific information on lead-based paint hazards in housing. The law is very specific about what must be done and how records are to be kept. Every landlord should become familiar with the requirements of Title X. Federal investigators are actively enforcing this law in west Michigan.

Here are some resources:

• New! A Simple Fact Sheet from the Healthy Homes Coalition to help landlords take a few simple steps to comply (232 KB PDF).
• Federal Lead-Based Paint Disclosure Program for Residential Properties - Section 1018 of Title X (HUD and EPA enforcement).
• HUD/EPA Fact Sheet: Disclosure of Lead-Based Paint Hazards in Housing (31 KB PDF)
• HUD/EPA Questions & Answers on the Disclosure Rule (19 KB PDF)
• Sample RENTAL Form: Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazard (163 KB PDF)
• Sample SALE Form: Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (164 KB PDF)
• Lead Hazard Information Pamphlet: "Protect Your Family From Lead in Your Home," aka: the "Blue Book" ( 674 KB PDF)

City of Grand Rapids Housing Code

The City of Grand Rapids Housing Code requires four primary actions regarding lead-based paint hazards:

1. Prohibition on peeling and chipping paint.
2. Prohibition on paint chips and residue lying on the ground or horizontal surfaces (this includes window troughs).
3. Prohibition on bare soil within 30 inches of any structure (enforced seasonally).
4. Requirement that lead-safe work practices are used when working on pre-1978 housing.

Click here for the current code (76 KB PDF).

The City requires that all rental property be Registered. In addition, all rental property must be Certified, which involves undergoing periodic inspections. The lead paint code items above are included as part of this Certification inspection. For more information on City of Grand Rapids Housing Code, call (616) 456-3053.

Kent County Housing Regulation

The Kent County Housing Regulation comes into play when there is a child with an elevated blood lead level living in a rental unit. In these cases, County regulation permits the Kent County Health Department to conduct inspections to uncover lead hazards and to order repairs. The County will then notify the property owner, giving him or her a short time to make repairs. If the repairs are not made, the property can be condemned for occupancy.

If a property is condemned, the resident family will need to vacate the unit immediately and the unit will need to remain vacant until all lead repairs are made and the property passes reinspection. Condemnation is expensive, as it prohibits landlords from collecting rents until the hazards are repaired.

Click here for a copy of the Kent County Housing Regulation (184 KB PDF).

Michigan Public Act 434

Michigan Public Act 434 permits civil penalties for landlords who knowingly rent units with lead hazards to families with children who have elevated blood-lead levels. Penalties can include jail time and fines.

Michigan housing law permits the local public health department to inspect rental units when there are suspected health hazards, including when a resident child is found to be lead poisoned. A landlord who has received notice of a governmental inspection and its findings of lead hazards should be concerned and immediately responsive to orders for repairs. PA 434 does not apply to risk assessment and inspections conducted by private contractors on behalf of the landlord.

PA 434 is used when landlords do not respond to orders to repair hazardous property. Your best defense, other than maintaining lead-safe properties, is a prompt response to all notices.

Click here for a copy of PA 434 (40 KB PDF)

Civil Liability

On occasion, tenants with lead-poisoned children will try to sue their landlord and/or his or her insurance company for damages related to their child's condition. The best way to protect yourself from these lawsuits is to eliminate lead hazards in your housing, be proactive with maintenance, and respond promptly to complaints. For more information on maintaining a lead-safe property, see the Fixing Lead Hazards page.

If you need further help dealing with lead and the law, always feel free to contact the Healthy Homes Coalition at (616) 241-3300.