Federal law requires that tenants receive certain information before renting a home or apartment built before 1978. The landlord must give tenants an EPA booklet and the lease must include a disclosure form that informs the tenant of any known lead-based paint and/or lead-based paint hazard in the home. This information must be given to the tenant every time there is a change in rental status, such as a rent increase or new lease. The landlord is not required to test for lead paint.
To read more about the Lead-based Disclosure Rule, visit EPA's Residential Lead-Based Paint Disclosure Program web site.
In housing built before 1978, tenants must be given notice before a remodeling, painting or repair project if the work will disturb a specific amount of paint or replace a window(s). This requirement also applies to common areas, such as hallways and lobbies. The landlord or contractor is required to distribute a lead pamphlet before starting the work and have the tenants sign a pre-renovation disclosure form.
Beginning April 2010, federal law requires that contractors, landlords or maintenance staff performing renovation, repair, and painting projects that disturb a specific amount of paint in homes or child-occupied facilities built before 1978 be certified and follow specific work practices to prevent lead contamination. This is called the Renovation, Repair and Painting Rule. There may be additional requirements if the property receives federal, state, or local funds.
Renovation, Repair and Painting for Property Owners and Managers
Property owners and managers who renovate, repair, or paint in pre-1978 rental housing or child-occupied facilities must:
- Get trained in lead-safe work practices. To do this, you must complete an initial 8-hour Renovation, Repair, and Painting (RRP) training from an Environmental Protection Agency (EPA) or Oregon Health Authority (OHA) accredited training provider. Upon completion of the course, you will receive a course completion certificate. Note: Individuals who already completed an eligible training course before October 4, 2011, may choose to take the EPA/OHA four-hour refresher course instead of the initial training course to become RRP certified.
- Get certified by submitting an application for firm certification and fee payment to Oregon Health Authority.
- Follow requirements of the Pre-Renovation Rule.
- Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you follow lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist (pdf) that OHA developed to help contractors comply with the renovation recordkeeping requirements.
The RRP rule does not apply to abatement projects. Abatement projects are those that specifically removed all lead hazards from a site.