Freddie Gray’s death sparked demonstrations and riots in Baltimore, that left communities angry and devastated by the destruction of businesses and community properties. Before Gray’s arrest in April, his life was marred with run-ins with the law and attention deficit problems that hindered his development.
Many of these problems started when Gray was a child and living in a Baltimore house that had old, flaking and chipped lead paint. As children, he and his two sisters tested positive for high levels of lead in their blood which led to multiple educational, behavioral and medical problems, according to a lawsuit they filed in 2008 against the owner of a Sandtown-Winchester home they rented for four years. The suit was settled for an undisclosed sum.
Studies show lead poisoning can greatly diminish cognitive function and increase aggression (see this EPA link on how to be lead safe) http://www2.epa.gov/lead
In the Sandtown-Winchester neighborhood in West Baltimore where Freddie Gray lived most houses were built at a time when paint manufacturers used lead as a cheap additive. The effect of that lead, which Congress effectively banned in 1978, has been profound on Gray’s neighborhood. Statistics between 2009 and 2013 showed that more than 3 percent of children younger than 6 had possibly dangerous levels of lead in their blood, more than double the figure for the entire city (Washington Post).
Because of the health problems caused by lead poisoning, the Residential Lead-Based Paint Hazard Reduction Act was enacted in 1992. This law is commonly known as Title X (Ten). Environmental Protection Agency (EPA) regulations implementing Title X apply to rental property built before 1978.
How to make your properties Lead Safe from Nolo.com:
Under Title X, before signing or renewing a lease or rental agreement, a landlord must disclose any known lead-based paint or hazards on the property. Both the landlord and tenant must sign an EPA-approved disclosure form to prove that the landlord told the tenants about any known lead on the premises. Property owners must keep this disclosure form as part of their records for three years from the date that the tenancy begins. The landlord must also give every tenant the EPA pamphlet, “Protect Your Family From Lead In Your Home,” or a state-approved version of this pamphlet.
A landlord who fails to comply with EPA regulations faces penalties of up to $16,000 for each violation. And a landlord who is found liable for tenant injuries from lead may have to pay three times what the tenant suffered in damages.
http://www.nolo.com/legal-encyclopedia/lead-disclosures-rental-property-faq-29138.html
Are you part of the Lead Paint problem? Ensure you are complying with the EPA guidelines to make your properties safe for tenants and owners.
Here is a breakdown of Lead compliance and safety for investors:
Property Owners and Managers
Lead is regulated at the local, state, and federal levels. Lawyers should thoroughly research these when counseling on regulatory compliance. Regulation at all government levels affects property owners and managers-decedent’s estates, landlords, investment property owners, banks in possession after foreclosure, bankruptcy trustees, trusts, and property management companies.
Buyers, Sellers, Lessors, and Agents
The federal Residential Lead-Based Paint Hazard Reduction Act (title X) requires that a federally approved lead warning be furnished to all tenants and contract purchasers of pre-1978 housing. In addition, any known lead paint must be disclosed, and all reports of lead testing must be furnished to the lessee or contract purchaser. There is no requirement under the act that lead testing or remediation be conducted, but all testing conducted must be disclosed. HUD and the EPA require the disclosures even if the house has been abated of lead paint or lead hazards.
Renovators and Contractors
Before undertaking renovation efforts in pre-1978 residential and commercial buildings, renovators must distribute a pamphlet, Protect Your Family from Lead in Your Home, to occupants under the EPA rules governing rehabilitation work. The pamphlet is available at www.epa.gov/lead/leadprot.htm
