DC Lead Law

Don’t Wait Until You Are Fined!

Washington, DC has a NEW 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 any paint in a pre-1978 rental property is lead paint, unless proven otherwise. If the paint is in poor condition, then it constitutes a “lead paint hazard.”

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

ALSO, for any rental property in Washington, DC that was constructed before March 1, 1978, a completed lead disclosure form (enclosed) MUST be provided prior to occupancy or prior to any contract for possession is executed! The disclosure MUST include the following information:

A. Presence of lead-based paint

B. Presence of lead-based paint hazards

C. Any pending actions by the DC Government

IF the property will be occupied by an “at risk” tenant (pregnant woman or a child under age 6), a lead clearance report MUST be provided.

A clearance report is a report issued by a DC certified risk assessor, inspector or dust sampling technician 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 March 1, 1978 regardless of the occupancy.

Lead Law Fact Sheet