Many families in Michigan, especially those living in older homes, are concerned about the potential for lead paint hazards. As a tenant, it’s crucial to understand your rights and responsibilities regarding lead in your rental unit.
Lead exposure can have serious health consequences, particularly for young children, causing developmental delays, learning difficulties, and behavioral problems.
Remember, you are not alone. Many resources are available to help you understand your rights and protect your health from lead hazards in your home. If you suspect lead paint or lead hazards in your rental unit, act promptly to ensure the safety of your family.
Landlord Disclosure Obligations:
- Federal Law: Under the Residential Lead-Based Paint Hazard Reduction Act of 1992, landlords are required to disclose all known lead-based paint hazards to prospective tenants before they sign a lease. This disclosure must be done in writing, using a specific EPA-approved form.
- Michigan Law: Michigan’s Public Act 434 mirrors federal requirements for lead disclosure. Additionally, landlords who knowingly rent units with lead hazards to families with children who have elevated blood-lead levels are subject to civil penalties.
Tenant Rights:
- Right to Information: Tenants have the right to request and receive any existing information about lead-based paint hazards in their rental unit. This includes inspection reports, risk assessments, and any past lead remediation efforts.
- Right to a Lead-Safe Environment: Landlords are responsible for ensuring that rental units are lead-safe and free from lead hazards. This includes addressing peeling paint, repairing damaged surfaces, and conducting proper lead-safe work practices.
- Right to Request Lead Testing: Tenants have the right to request lead testing of their rental unit, particularly if they suspect the presence of lead paint or have children under the age of six living in the unit.
Tenant Responsibilities:
- Reporting Concerns: Tenants must promptly notify their landlord about any suspected lead hazards, such as peeling or chipping paint, dust, or lead-contaminated soil.
- Cooperation with Inspections: Tenants must cooperate with requested inspections and lead abatement efforts.
- Proper Cleaning Practices: Tenants are responsible for maintaining a clean and lead-dust-free environment within their unit. This includes regularly cleaning floors, windowsills, and other surfaces with a damp cloth and using a HEPA filter vacuum cleaner.
Recourse for Tenants:
- Negotiation: If your landlord fails to address lead hazards, you can attempt to negotiate a solution, such as rent reduction or relocation to a lead-safe unit.
- Complaint Filing: You can file a complaint with local housing authorities or the Michigan Department of Health and Human Services (MDHHS).
- Legal Action: In some cases, you may be able to take legal action against your landlord for failing to comply with lead-related laws.
Specific Resources in Kent County, Michigan:
- Kent County Health Department: https://www.accesskent.com/Health/
- Healthy Homes Coalition of West Michigan: https://www.healthyhomescoalition.org/
- Legal Aid of Western Michigan: https://lawestmi.org/
