Lead Paint Safety: Protecting DC Renters and Families

Living in homes built before 1978 may come with a hidden risk: lead-based paint hazards. For renters in the District of Columbia, understanding your rights is key to keeping your family safe and ensuring landlords meet their legal obligations. This guide explains what DC law requires, how to address concerns, and where to turn for help—without the legal jargon.

Understanding Lead-Based Paint Hazards in DC Rentals

Lead-based paint, common in older homes, can seriously harm children and adults. DC law and federal regulations require landlords to minimize these dangers. Knowing your protections and the steps landlords must take helps you create a safer living space.

Key Renter Protections and Landlord Duties in DC

• Disclosure Requirement: If your unit was built before 1978, your landlord must give you a federally mandated lead warning pamphlet and disclose any known lead hazards before you sign the lease.
• Lead-Based Paint Disclosure Form (EPA/HUD Form 90131): This form documents that you received lead disclosure information. Example: Before moving in, your landlord should provide this form to sign. Access the official form and details here.
• Certification and Remediation: Landlords must ensure rental units are lead-safe and provide a "Lead Clearance Report" if the home is being leased to a child under six or a pregnant tenant. Learn more on the District Department of Energy & Environment (DOEE) lead program site.

What to Do If You Suspect a Lead Hazard

If you believe your rental home may contain lead-based paint hazards, act quickly:

• Notify your landlord in writing of your concerns.
• Request a copy of the unit’s Lead Clearance Report. If you didn't receive the lead disclosure form, ask for it.
• Contact DC's DOEE to request a lead inspection, especially if children under six or pregnant individuals live in the home.

Filing a Lead Hazard Complaint in DC

If your landlord does not address your concerns, you can file a complaint:

• DOEE Lead Complaint Form: Use the DOEE's online Lead-Based Paint Complaint Form to report lead hazards. Example: You notice chipping paint and your landlord hasn’t responded—submit this form detailing your issue.

Relevant DC Legislation and Legal Enforcement

• The DC Lead-Hazard Prevention and Elimination Act sets local requirements for rental lead safety.
• The DC Housing Code - Title 42, Chapter 35 enforces maintenance standards affecting tenant health and safety.
• The EPA's Lead Safety Rule also applies.

Enforcement and tenant-landlord disputes related to lead hazards can be handled through the Office of the Tenant Advocate (OTA) and, for legal disputes, the District of Columbia Superior Court, Landlord & Tenant Branch.

FAQ: Lead Paint Hazards & DC Renter Rights

1. What should I do if my landlord won’t provide lead paint disclosure?
   If you didn’t receive the required lead disclosure, ask your landlord in writing. If they refuse, you can file a complaint with the DOEE and report the violation.
2. Is my landlord required to remove all lead paint?
   Landlords must eliminate lead hazards, especially if children under six or pregnant people occupy the unit, but full removal (abatement) may not always be required if hazards can be safely controlled.
3. Which agency enforces lead safety in DC rentals?
   The DOEE is the main agency for lead hazard enforcement and complaints. Legal disputes may go to the DC Superior Court’s Landlord & Tenant Branch.
4. Can I withhold rent if there is a lead hazard?
   Withholding rent is a legal decision with risks; consult the OTA or a legal advisor before withholding. Start by documenting your complaint and using the DOEE’s process first.

Conclusion: Key Takeaways for DC Renters

• Landlords must disclose and address known lead hazards in pre-1978 units.
• Use official forms and report issues to DOEE if hazards go unresolved.
• Support is available—reach out to OTA or DOEE with concerns.

Protecting your family from lead is both a landlord responsibility and your right. Take action early for the safest home possible.

Need Help? Resources for Renters

• District Department of Energy & Environment Lead Program (lead testing, complaints, forms)
• Office of the Tenant Advocate (free tenant support & legal guidance)
• DC Superior Court, Landlord & Tenant Branch (tribunal for housing legal disputes)

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1. DC Lead-Hazard Prevention and Elimination Act, DC Code Title 8, Chapter 23
2. DC Housing Code, Title 42, Chapter 35
3. EPA Lead Paint Disclosure Requirements
4. DOEE Lead Paint Management
5. DC Superior Court, Landlord & Tenant Branch

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