Tenant Rights & Safety: Lead Paint Protection Guide

Your Basic Rights as a Tenant

Under federal and Ohio state law, you have the right to:

• Receive information about known lead-based paint hazards before signing a lease
• Receive the EPA pamphlet "Protect Your Family from Lead in Your Home"
• Live in a property that meets lead-safe standards
• Request lead testing if you have concerns
• Have deteriorating lead paint repaired promptly by certified contractors
• Not face retaliation for reporting lead hazards

Landlord Legal Obligations

Before You Sign a Lease

For properties built before 1978, landlords MUST:

• Disclosure: Provide written disclosure of any known lead-based paint and hazards
• EPA Pamphlet: Give you the EPA pamphlet "Protect Your Family from Lead in Your Home"
• Testing Reports: Provide copies of any available lead inspection or risk assessment reports
• Lead Warning Statement: Include lead warning language in the lease
• Lead Clause: Include a signed lead disclosure form as part of the lease

Cleveland Rental Properties (Pre-1978)

Cleveland landlords must also:

• Obtain a lead-safe certification before renting the property
• Maintain valid lead clearance certificate (renewed every 2 years)
• Use only EPA-certified contractors for renovation work
• Post lead-safe certificate or provide copy to tenants upon request

During Your Tenancy

Landlords must:

• Maintain all painted surfaces in good condition
• Repair deteriorating paint promptly using lead-safe practices
• Use certified contractors for any renovation disturbing painted surfaces
• Notify you before renovation work begins
• Ensure clearance testing after any lead remediation
• Respond to your reports of peeling or chipping paint within reasonable timeframe

Recognizing Lead Hazards

Warning Signs of Lead Paint Hazards

• Peeling or chipping paint on walls, ceilings, doors, or windows
• Deteriorating paint on porches, railings, or exterior surfaces
• Cracked or damaged surfaces where old paint is exposed
• Friction areas: Windows that are difficult to open/close creating paint dust
• Impact areas: Doors, door frames, and stair edges showing wear
• Window sills with paint dust or deterioration
• Renovation debris not properly contained

High-Risk Areas in Pre-1978 Homes

• Windows and window sills (frequent source of lead dust)
• Door frames and doors
• Stairs and railings
• Porches and exterior railings
• Walls (especially if children can reach)
• Kitchen and bathroom cabinets

Protecting Your Family

For Families with Children

Children under age 6 are most at risk. Lead exposure can cause:

• Learning disabilities
• Behavioral problems
• Lowered IQ
• Slowed growth
• Hearing problems
• Anemia

Preventive Measures

• Clean regularly: Wet-mop floors and wipe window sills weekly
• Wash hands: Children should wash hands before eating and sleeping
• Remove shoes: Leave shoes at door to prevent tracking in contaminated soil
• Healthy diet: Proper nutrition (calcium, iron, vitamin C) reduces lead absorption
• Blood testing: Have children tested at ages 1 and 2, or as recommended by doctor
• Report issues immediately: Don't wait—notify landlord of deteriorating paint right away

What to Do If You Find Lead Hazards

Step 1: Document the Problem

• Take photos of peeling, chipping, or deteriorating paint
• Note the date you first noticed the problem
• Record specific locations (room, surface, area)
• Document any symptoms if children are affected

Step 2: Notify Your Landlord in Writing

• Send written notice by certified mail or email (keep copies)
• Include photos and specific location descriptions
• Request immediate repair using certified contractors
• Set reasonable deadline for response (typically 30 days for non-emergency)
• Keep copies of all correspondence

Step 3: If Landlord Doesn't Respond

Report to Local Authorities:

• Cleveland Department of Building & Housing:
  • Phone: (216) 664-2007
  • File complaint online: clevelandohio.gov
• Lead Safe Resource Center:
  • Provides assistance and advocacy
  • Can help navigate complaint process
• Ohio Department of Health Lead Program:
  • Phone: (800) 755-4769
  • Website: odh.ohio.gov/know-our-programs/childhood-lead-poisoning

Protection from Retaliation

It is illegal for landlords to retaliate against you for:

• Reporting lead hazards to authorities
• Requesting lead testing or remediation
• Exercising your legal rights regarding lead safety
• Withholding rent due to unaddressed lead hazards (follow proper legal procedures)

Prohibited retaliation includes:

• Increasing rent
• Decreasing services
• Threatening eviction
• Filing eviction without legal cause
• Harassment or intimidation

Moving Into a New Rental

Before Signing the Lease - Ask Questions:

• "When was this property built?" (If before 1978, extra precautions needed)
• "Has lead testing been done? May I see the report?"
• "Is there a current lead-safe certificate?"
• "Have there been any lead-related issues or complaints?"
• "Are there areas of deteriorating paint?"

Review Disclosure Documents Carefully

• Read the lead disclosure form completely
• Request copies of any testing reports
• Don't sign if disclosures are incomplete
• Ask for clarification on any "unknown" responses

Renovation & Repair Work

Your Rights During Renovation

If your landlord plans renovation work that will disturb painted surfaces:

• Notice Required: Must provide written notice before work begins
• EPA Pamphlet: Must provide "Renovate Right" pamphlet
• Certified Contractors Only: Work must be done by EPA Lead-Safe Certified firms
• Lead-Safe Practices: Contractors must use proper containment and cleanup methods
• Post-Work Cleaning: Area must be cleaned and verified before you return
• No Prohibited Methods: Open flame burning or use of heat guns above 1100°F is illegal

Red Flags - Unsafe Renovation Practices

Contact authorities immediately if you see:

• Renovation work without proper containment
• Dust spreading throughout the property
• Uncertified contractors performing work
• Inadequate cleanup after work
• You or your family being present during renovation (should relocate temporarily)

Blood Lead Testing for Children

All children should be tested for lead, especially:

• Living in or regularly visiting pre-1978 housing
• At ages 1 and 2 years
• If they have developmental concerns
• If exposed to renovation in older homes

CDC Reference Level: 3.5 μg/dL (micrograms per deciliter)

If elevated: Doctor will recommend environmental investigation and follow-up testing

Financial Remedies

If You've Been Harmed

You may be entitled to:

• Rent reduction or withholding (follow proper legal procedures)
• Repair and deduct (if landlord fails to act, you may hire certified contractor and deduct cost from rent—consult attorney first)
• Relocation costs if property is unsafe
• Medical expenses if lead poisoning occurred due to landlord negligence
• Legal damages in civil lawsuits

Consult with a tenant rights attorney before withholding rent or taking other legal action.

Important Contact Information

Know the Law

• Federal Law: Residential Lead-Based Paint Hazard Reduction Act (1992)
• EPA Rule: Lead Renovation, Repair and Painting Rule (RRP Rule)
• Ohio Law: Ohio Revised Code Chapter 3742 (Lead-Based Paint Hazard Control)
• Cleveland: Cleveland Codified Ordinances - Lead Safe Certification