Landlords, looking for your advice. I'm in Ohio for what it's worth.
We own a 3-family building built in 1897. When we bought it the seller stated on the disclosure that he had no knowledge of lead-based paint. However, it's pretty safe to assume that lead paint does exist in a home of this age. He likely just never had it tested and therefore doesn't have to disclose it. A tenant is now telling me that he babysits his granddaughter and she was taken to the hospital and exhibits elevated lead levels. We don't know if this is from our property, the property she actually lives in, or some other property where she spends time. Needless to say this is very concerning!
We inherited the tenant from the previous owner of the building. I looked at the lease he signed with the previous owner and he initialed that he received the Federal required lead paint disclosures. At this point all the tenant is asking is that we come in and repaint some areas where the paint is peeling due to a water leak (which we fixed upon taking ownership). I don't think that will actually take care of the issue and apparently the EPA has rules about who can even do work in a pre-1978 building. From the EPA's website for property managers:
Do you or your employees conduct renovation, repair, or painting activities in a pre-1978 residential building?
◦If yes, then you must become a Lead-Safe Certified Firm.
◦If no, then hire only a Lead-Safe Certified firm for building maintenance, repair, or painting activities that could disturb lead-based paint. Find a Lead-Safe Certified Firm.
All my buildings are older than 1978. This language makes it seem like I have to use a Lead Safe Certified Firm every time I want to repaint a unit when a tenant moves out. That seems insane! The fines for working with lead paint when you're not certified are up to $37,000 per occurrence!
So two issues really:
1. Specific to my tenant with the allegedly sick granddaughter, should I have the property tested for lead paint? If I do I will have to disclose it forever to each tenant and buyer. Should I just repaint? Should I use the encapsulation paint from Home Depot and DIY? Really not sure how to handle this.
2. The way the EPA language reads, it seems like all painting activities in pre-1978 buildings must be done by lead safe certified firms. Is anyone actually abiding by that? It seems crazy and cost prohibitive to even owning rental properties.
Thanks for the opinions! I will, of course, be doing my own research too. Perhaps consulting with our attorney as well.