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Re: Lead Poison and Typical Landlord

Posted by Mark Smith on March 02, 1999 at 09:47:28:

In Reply to: Lead Poison and Typical Landlord posted by SnA on March 02, 1999 at 08:58:37:

The original message was copied from the website of a California property manager, SCT Properties ( You can click on the link at the bottom of this message to read other landlord views on this and other matters.

: Please read the following page from a Landlords website and decide for yourself that:
: 1) Does this landlord seem to have any regards for a human life?
: 2) Doesn't he seem like he wants to leave the thing the way are?
: 3) How many innocent children did he intend to kill or cripple before he removes Lead-paint?
: 4) What is he really worried about?
: 5) If wasn't for the Gov., was he ever going to cleanup the neuro-toxin from his property?
: 6) Doesn't he sound like typical NY landlord?
: Following is quotation in its entirety from a LANLORDS website.

: Laws and Land Mines


: [ Lead Paint Hazard ] [ Mandatory Dead Bolt Locks ]
: [Disclaimer]

: Lead Paint Now What's Next?

: Remember when the smoking ban started with only those 30 min. domestic flights? Just
: look at where the smoking issue has progressed to now. Good, bad, who knows? One
: thing's for sure, just like the camel, once the nose of government is under the tent....

: Effective December 1996 most all residential rental owners are required by law, to
: provide new residents with a federally approved brochure ( paid for at landlord
: expense) disclosing the danger of lead poisoning for persons exposed to lead based
: paint. The federal government has determined this danger to be particularly hazardous
: to children which "lead" to the ban of lead based paint in 1978.

: The lead law can be particularly tricky as to who should or must receive a brochure. The law is clear that
: any incoming residential tenant is due the disclosure brochure prior to signing the rental agreement, for
: dwellings built prior to 1978, however there are several gray areas as to who else should sign for a
: brochure.

: What about existing tenants who invite a "guest(s)" to stay in the rental for an extended period of time?
: How long of a stay before disclosure is mandatory? What about new unexpected room mates who move
: in after the initial disclosure? What if the guest(s) are minors? What if they're adults? Disclose and
: provide the brochure, yes? no? Sometimes, always?

: What about tenants in possession prior to the brochure requirement who then have children after
: December 1996? Provide the booklet? Disclose? Yes? No?

: If your tenants child tests positive with high lead levels, did the exposure occur at your rental, the
: previous rental, just where? When carving up who pays, how can you stay out of reach of the litigators?
: How or can you test prospective residents prior to tenancy? Lead glazed pottery is commonly used for
: cooking in many areas of the world where lead levels in children are dangerously high.

: Once a tenant purchases an inexpensive "lead test kit" from the hardware store and claims the presence
: of lead, then what? Expensive and elaborate testing? Abatement? Is the presence of lead a "habitability"
: issue and a valid rent abatement defense? And just how do you rent to the next tenant while disclosing the
: "positive" lead test results?

: Will the lead poison hazard spread to the obvious, lead solder in copper pipes, a potentially greater
: hazard? Just how does one "encapsulate" the lead solder inside the plumbing? Or how does one avoid
: drinking the water from copper (possibly lead soldered) pipes?

: Tenants (or residents) are but one exposure. Do you hire workman who may disturb deep layers of
: (lead) paint? Does your plumber work directly with your old lead solder pipes while completing
: plumbing repairs? Keeping clear of liability exposure from vendors is yet another risk on the sure to grow
: list of potential "victims" who could cost you money. Are you sure your liability insurance covers
: "environmental hazards" such as lead poisoning claimed by residents and vendors?

: As with any new law or regulation there is usually a period of dust settling where there seems to be more
: questions than there are answers. A qualified property manager, such as STEVE THOMAS , of SCT
: Properties is more likely to be aware of industry regulations and the current industry standards necessary
: to steer clear of trouble. For more information on lead disclosure and the mandatory booklet contact HUD
: directly at:

: 1-800-424-LEAD

: Return To SCT Properties

: [Management Fees] [Management Q & A] [Rentals Available] [Rental Application] [Bio SCT]
: [Home Buyer Search ] [Sell Your Home] [Publications] [Lead Paint Hazards] [Property Taxes] [Service Mark] [NEVETS] [Talking House] [Broker Training]

: Disclaimer: The information contained herein is provide as the opinion of the author and constitutes neither legal advice or a guarantee. The reader
: is encouraged to seek competent professional advice particular to their situation.

: Copyright 1998 SCT Properties
: Modified 32998SCT

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