Arkansas Lead Paint Laws: Renters’ Health & Safety Guide

Lead-based paint can pose a serious health risk to renters and their families, especially in older Arkansas homes. If your rental was built before 1978, understanding your rights and your landlord’s responsibilities is key to keeping your home safe. This guide will explain Arkansas lead paint laws, required disclosures, and where you can get help if you’re concerned about lead-based paint hazards.

Understanding Lead-Based Paint Hazards in Arkansas Rentals

Lead was commonly used in residential paint until 1978. Exposure to lead paint chips or dust—especially for children and pregnant women—can cause severe health issues, such as learning disabilities and developmental delays. Federal and Arkansas law require important protections for renters in buildings built before 1978.

What Landlords Must Disclose in Arkansas

If your rental property was built before 1978, landlords must:

• Disclose any known information regarding lead-based paint or hazards in the home
• Provide you with the official EPA pamphlet, Protect Your Family from Lead in Your Home
• Use the Lead-Based Paint Disclosure Form during new leases or renewals (see more below)

Landlords must keep signed disclosure forms for at least three years as proof of compliance.

What Is the Lead-Based Paint Disclosure Form?

The Lead-Based Paint Disclosure Form is a federal requirement for landlords renting out properties built before 1978. This form ensures both parties acknowledge lead-paint risks and verifies you have received safety information.

• Form Name: Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (EPA Form 747-K-99-001)
• When to use: Landlords provide it before you sign a lease on pre-1978 properties. For example, if you’re moving into a Little Rock apartment built in 1965, the landlord must provide this disclosure and the EPA pamphlet before you sign the lease agreement.
• Download the official Lead-Based Paint Disclosure Form (EPA)

Your Rights as a Renter in Arkansas

Arkansas law is based on federal requirements for lead paint disclosure but does not provide as many specific habitability protections as some other states. However:

• Your landlord cannot avoid or waive the requirement to disclose known lead paint hazards.
• If disclosure rules are violated, renters can report it to the U.S. Environmental Protection Agency (EPA).
• Federal law (42 U.S.C. § 4852d) grants you the right to sue for triple damages if the landlord knowingly violates disclosure requirements.

Identifying Lead Paint Hazards in Your Home

You can’t always see lead paint, especially if it’s beneath newer coats. Watch for:

• Peeling, chipping, or cracking paint, particularly on windows, doors, and trim
• Paint dust accumulation near painted surfaces
• Renovations disrupting old painted surfaces

How to Address Lead-Based Paint Concerns as an Arkansas Renter

Here’s what to do if you suspect or discover lead-based paint hazards in your rental:

• Document the Problem: Take photos and notes describing any peeling or damaged paint.
• Notify Your Landlord: Send a written notice describing your concerns and request repairs or a lead assessment.
• Contact Health and Environmental Authorities: If your landlord does not respond or you feel at risk, contact the Arkansas Lead Poisoning Prevention Program or your local health department for investigation or advice.

While Arkansas does not currently have a statewide agency handling landlord-tenant disputes, the Arkansas Department of Health handles environmental hazards and can assist renters concerned about lead. For legal issues, renters may use the Arkansas District Courts or seek guidance from Legal Aid of Arkansas.

Related Tenancy Laws in Arkansas

Arkansas’ main landlord-tenant statute is the Arkansas Code Annotated Title 18, Chapter 17 – Residential Landlord-Tenant Act. While it lacks some habitability protections, federal law always applies regarding lead paint disclosures.

FAQ: Arkansas Lead Paint Hazards & Renter Protections

1. Do all Arkansas rental properties require a Lead-Based Paint Disclosure?
   Only properties built before 1978 require this disclosure. Newer properties are exempt under federal law.
2. What if my landlord didn’t give me the lead paint disclosure or the EPA pamphlet?
   You have the right to report the violation to the EPA, and you may be entitled to damages if the omission was intentional. Keep all records and correspondence for evidence.
3. Can I break my lease if I discover lead hazards?
   Arkansas law does not specifically allow lease termination for lead hazards unless local codes are violated or there is an imminent health threat. Contact legal aid or the Arkansas Department of Health for advice.
4. Where can I get a free lead test for my rental home?
   The Arkansas Department of Health offers free or low-cost lead testing and advice. Visit their lead poisoning prevention page for more information.
5. How do I report a landlord for lead paint violations?
   Contact the EPA at 1-800-424-5323 or file a complaint online via the EPA Environmental Violation Portal. Also, notify the Arkansas Department of Health for investigation and assistance.

Conclusion: Key Takeaways for Arkansas Renters

• Request and review the Lead-Based Paint Disclosure and EPA pamphlet before signing a lease in a pre-1978 property.
• Check for peeling or damaged paint; contact your landlord and authorities if you suspect lead hazards.
• Keep all documentation and know your right to seek help if disclosure requirements are not met.

Staying informed helps you create a safer living environment for yourself and your loved ones.

Need Help? Resources for Renters

• Arkansas Lead Poisoning Prevention Program (testing, education, and assistance)
• U.S. EPA Lead Hazard Reduction Information
• Arkansas District Courts (for legal actions involving rental disputes)
• Legal Aid of Arkansas (tenant legal assistance)
• Arkansas Code, Title 18, Chapter 17 – Residential Landlord-Tenant Act (official legislation)

---

1. EPA – Lead-Based Paint Hazards
2. Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (EPA Form 747-K-99-001)
3. Arkansas Code Annotated Title 18, Chapter 17 – Residential Landlord-Tenant Act
4. Arkansas Lead Poisoning Prevention Program
5. EPA – Lead Disclosure Requirements for Rentals

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations