Background:
In 1978, the U.S. Consumer Product Safety Commission enacted federal legislation
that banned toxic lead-based paint in consumer products.
Despite legislation to minimize harmful exposure to renters and homeowners,
there is no law requiring California landlords to get rid of lead-based paint in
their rental properties. Before renting the unit, the landlord must present a
written disclosure to prospective tenants detailing any known lead-based paint
on the property. The landlord is also required to provide a pamphlet from the
federal government on lead poisoning prevention. The lease agreement must
contain legally appropriate wording that warns of the presence of lead-based
paint. If the property was built after 1978, the law does not require landlords
to test for the presence of lead-based paint.
Lead Paint Hazards on Your Property | SF Department of Public Health
www.sfdph.org/DPH/files/EHSdocs/ehsCEHPdocs/Lead/LeadPaintHazards.pdf
Resources for help in San Francisco:
The Housing Rights Committee - http://www.hrcsf.org/ - (415) 703-8644 said to call
the Department of Building Inspection (DBI) 415 558-6220.
Code Enforcement Outreach Program (CEOP) at the Department of Building Inspection (DBI),
Code Enforcement Outreach Program (CEOP) at the Department of Building Inspection (DBI),
http://sfdbi.org/code-enforcement-outreach-program
Lead Abatement Section (LAS) - 415 558-6598
San Francisco Tenants Union http://sftu.org/ may be able to help.
$45 to join
San Francisco Health Code prohibits property owners to allow lead hazards on
their property. If you see badly damaged paint on the exterior or interior of a
house, call the SF Department of Public Health (SFDPH)- Childhood Lead Prevention
Program (CLPP) at (415) 252-3956 8:30 - 5:30 M-F. Property owners will be
required by CLPP to safely repair any hazards that have been identified.
http://www.sfdph.org/dph/eh/CEHP/Lead/InfoTenant.asp
Childhood Lead Prevention Program (CLPP) at (415) 252-3956 8:30 - 5:30 M-F
Legal:
What Are the Landlord's Responsibilities to Get Rid of Lead Paint? | SF Gate
http://homeguides.sfgate.com/landlords-responsibilities-rid-lead-paint-48432.html says,
"If landlords wish to renovate rental properties built before 1978, there are
certain new laws they must follow. In 2010, federal legislation known as the
Renovation, Repair and Painting Rule, was enacted. Backed by the Environmental
Protection Agency, it requires renovators to receive mandatory licensing in
lead-based paint removal. California requires landlords to use contractors and
painters who are certified in in this specialized process."
http://www2.epa.gov/lead
Protect Your Family from Lead in Your Home - Real Estate Disclosure | US EPA
http://www2.epa.gov/sites/production/files/2013-09/documents/lead_in_your_home_brochure_land_color_508.pdf
At Millar & Associates - Practice Areas - Landlord-Tenant they say to landlords,
"To ensure your tenants' health and protect yourself from potential liability,
you should send a professional to inspect the unit for existing dangers
presented by the lead paint and asbestos. A professional is not your regular
handyman, but instead refers to an inspector certified by the health department,
the EPA or other equally reputable hazard-control organization.
If the lead and/or asbestos constitute a health hazard, and deferred maintenance
by the landlord caused or contributed to the existence of this hazard, the costs
for remediation cannot be passed through to the tenant. The landlord also must
provide relocation expenses to tenants displaced during the remediation, and
must complete all repairs within 30 days."
Housing Rights Committee of SF (HRCSF.org) - Tenant Info: Repairs - Implied Warranty
http://www.hrcsf.org/repairs_implied.html
"The law does not require landlords to repaint apartments. However, if the paint
in your apartment is lead based and is peeling or chipping off the walls, a DBI
Inspector may require your landlord to repaint."
Legal Reasons to Break an Apartment Lease | SF Gate
http://homeguides.sfgate.com/legal-reasons-break-apartment-lease-1750.html
"You can legally break your lease if health and safety issues persist over a
period of time. These issues can range from exposed wiring, fire danger, mold
and pest infestation to lead paint in your dwelling, a structural hazard,
inadequate sanitation or a nuisance that endangers the health, life, safety,
property or welfare of the occupants or the public. A landlord must be given
reasonable notice to repair or remedy the defects, however, before you can
abandon the unit. If problems such as these are not corrected by the landlord in
a reasonable amount of time, you may be able to break the lease legally.
Gordon Property Management Blog
(http://www.gordonpropertymanagement.com/
thinking-about-renting-out-your-home-in-san-francisco-here-is-what-you-need-to-know/)
There are actually 15 "Just Causes" to terminate a tenancy in San Francisco.
As noted by the San Francisco Tenant Union.
Lead paint is one.
San Francisco Tenants Union (SFTU) http://www.sftu.org/justcauses.html
The landlord seeks in good faith to temporarily recover possession of the unit
for less than 30 days solely for the purpose of abating lead paint problems, as
required by the San Francisco Health Code. The tenant has a right to
relocation benefits.
Lead Paint abatement:
San Francisco Lead Law - Procedures for safe abatement
http://www.nchh.org/Policy/State-and-Local-Policy/State-and-Local-Lead-Laws/San-Francisco-Lead-Law.aspx
SF Apartment Association (SFAA) | Removing Lead Paint Legally | by Fredrik Emilson | July 2006
Requirements for abatement
http://www.sfaa.org/0607emilson.html
Lead paint inside kitchen cabinets - Old House Forum - GardenWeb
If kitchen cabinets are attached to the wall, with no back, make sure the wall
has been painted over so old lead paint is not exposed.
See Lead Paint in health
last updated 16 May 2014
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