Don't Wait Until You Are Fined!

Posted: November 1, 2011

Washington, DC Has a Revised Lead Paint Law for Rental Properties!

The DC Government now has the right to enter any pre-1978 residential facility or child occupied facility at any time to conduct an inspection if they have a “reasonable belief” that a lead-based paint hazard exists.

The law presumes that ALL paint in a pre-1978 rental property is lead-based paint, unless proven otherwise. If the paint is in poor condition, then it constitutes a “lead-based paint hazard” and DC will issue a Notice of Violation.

The only way to refute the presumption of lead-based paint is to present a report from a certified inspector or risk assessor, such as KEM, confirming the paint is not lead-based.

ALSO, for any rental property in Washington, DC that was constructed before 1978, a completed Lead Disclosure Form (found on the DC Department of the Environment [DDOE] website) MUST be provided prior to the execution of a lease or contract for possession. The disclosure MUST answer the following:

A. Is lead-based paint present?
(If the paint has not been tested as described above, one must answer “yes” for any pre-1978 property)

B. Is there a lead-based paint hazard?
(If there is any chipping or deterioration of the paint, one must answer “yes” for any pre-1978 property)

C. Are there pending actions ordered by any District Government Agency?
IF the property will be occupied by or routinely visited by an “at risk” person (pregnant woman or a child under age 6), a lead clearance report MUST be provided.

clearance report is a report issued by a DDOE certified risk assessor, inspector or dust sampling technician, such as KEM, that states the property or unit is free of any lead-based paint hazards or lead-contaminated soil hazards.

KEM recommends that a clearance report be provided for ANY property constructed before 1978, regardless of the occupancy.

Call us for more information!