Your Legal Rights to Lead Abatement

If you suspect that there is lead in your home, read the pamphlet "Get the Lead Out, Tips for Tenants"

If you know there is a lead hazard in your home, read on!

Get the Evidence! You need to prove two things: That there is a lead hazard in the home and that the landlord knew about the problem and failed to correct it. Evidence is papers or witnesses which prove these claims.

For example:

• Your child's lead test results or medical records from the hospital or clinic.
• Lab reports on any tests done on the paint, water, or dirt in your home.
• Health or housing inspection reports.
• Photos or videos of lead hazards like peeling paint, holes in walls and ceilings or water leaks.
• Your written notice to the landlord of the lead hazards in the unit. (see below).
• Any notices the landlord gave to you saying that the unit is lead-free.
• Any notices that the landlord got from the health or housing departments showing that he was informed about a violation.

Once you have the evidence, you have some choices on how to take legal action to get lead hazards reduced.

Option 1: Using the Ohio Landlord Tenant Law

A tenant may give the landlord a written notice describing the condition that needs to be repaired. After giving the letter to the landlord, the tenant must wait a reasonable time (not more than 30 days) for the landlord to make repairs.

If the landlord does not make the repairs, you may:

• Deposit your rent with the Clerk of Courts in the city where you live.
• Get an attorney to ask the court to order your landlord to make the repairs.
• terminate your rental agreement and move.

The law prohibits the landlord from retaliating against you for complaining about the condition of your home. The landlord cannot raise your rent, reduce your services, evict or threaten to evict because you have asked to have repairs made.

Note: You may not take these steps, if you owe rent to your landlord, or if you caused the problem that you are complaining about, or if you received a notice from your landlord when you moved in that your landlord owns three or fewer units. For more information, order the pamphlet, Know Your Rental Rights or call the Rental Information Center at 621-0540.

Option 2: Housing or Health Code Enforcement

Most cities have building, health and safety codes that the landlord must obey. Many local building codes say that a landlord cannot have peeling or chipping paint on the inside or the outside of rental property. When that same peeling or chipping paint also has lead in it then there is another violation of the law, because it affects your health and safety. Part of Cleveland's health code says that paint with more than .06% lead violates the law. It is up to the City, not you, to enforce these codes.

You can call the city's building or housing inspector to report a problem. Then it will be up to the city to force the landlord to make the repairs.The inspector will first visit the property to determine if the code has been violated. If it has, the inspe ctor can file a vioation against the landlord. Eventually, the city can take the landlord to court if repairs are not made.

Most health deaprtments are responsible for testing homes for lead, when a child has a high lead level. Each health department follows different rules when dealing with lead poisoned children and lead hazards. Call your local health department to find out their policy.

Strengthening City enforcement: As citizens, we need to work with our elected officials to strengthen the laws governing lead hazards and to improve enforcement. Order the brochure "Communities Against Lead"

Option 3: Special requirements for Federal Housing

If you live in housing owned by a public housing authority or other housing projects with money from the federal government, you're covered by Title 10, of the Housing and Community Development Act of 1992 (entitled the Residential Lead-Based Paint Hazard Reduction Act of 1992.) This law requires evaluation of lead hazards through risk assessments or inspections. A risk assessment means an on-site interview of a household. An inspection means that each surface (walls, ceilings, floors) is tested for lead.

This law requires that the Federally assisted landlord must reduce the lead hazard, once the landlord has knowledge of it.The landlord could gain knowledge from the risk hazard assessment, the inspection, or from the tenant. You do not have to wait for t he landlord to investigate, you can report a hazard right now!

The law describes some short-term and long-term methods to reduce lead hazards and requires that certain activities take place at certain times depending on what type of place you live in. To get more specific information about your situation you may con atct the Rental Information Center at 621-0540 or your local HUD office.

Option 4: A Personal Injury Claim

If someone in your home gets lead poisoning, he or she may have an injury claim against your landlord in court if:

• You can prove that there is a lead hazard in your home.
• You can prove your landlord knew about the lead hazard. Either you or someone else notified your landlord about the lead hazard.
• Your landlord did not take reasonable steps to fix the problem after learning about it.
• You or someone in your home got lead poisoning from the lead hazard in your home, after your landlord learned about the lead hazard.
• A judge has never fully looked at the problem of lead in your home.

NOTE: If you are considering a personal injury claim, please consult an attorney before taking any of the options listed in this pamphlet.

About this brochure:

The brochure was produced by Molly Groom of the Rental Information Center as a part of a field placement from the Mandel School of Applied Social Sciences. Design services by Al Wasco.

The Bruening Foundation has provided funds for the production and free distribution of this brochure.

FOR MORE INFORMATION You may order the following brochures by calling the Rental Information Center at 621-0540

Know Your Rental Rights Get the Lead Out, Tips for Tenants Communities Against Lead