Hawaii Renter Rights: Lead Paint Safety Rules Explained

Lead-based paint can pose serious health risks, especially for children and pregnant women. If you rent a home or apartment in Hawaii built before 1978, it's important to know your rights and how to keep your family safe from lead hazards. This guide explains key protections and what steps you can take if you suspect lead-based paint in your rental.

Understanding Lead-Based Paint Risks in Hawaii Rentals

Homes built before 1978 may contain lead paint, which can chip, peel, or create hazardous dust. Exposure to lead, particularly from deteriorating paint, can cause brain and nervous system damage, learning disabilities, and other long-term health effects.

• Children under six are most vulnerable to lead poisoning
• Lead dust or chips can be found on surfaces, in soil, and on window sills
• Eating paint chips or inhaling dust are common ways lead enters the body

Both federal and Hawaii state law require special rules for rentals to reduce these risks for tenants.

Your Rights Under Federal and Hawaii Law

Two sets of rules protect renters in Hawaii:

• Federal law: The EPA requires landlords of properties built before 1978 to provide specific lead disclosures and safety information before you sign a lease.
• Hawaii Residential Landlord-Tenant Code: Landlords must maintain a safe and habitable dwelling, which includes addressing known lead hazards. See the Hawaii Revised Statutes Chapter 521 – Residential Landlord-Tenant Code for details.^[1]

Required Disclosure Forms for Renters

If you are renting a property built before 1978, your landlord must provide two important documents before you sign your lease:

• Lead-Based Paint Disclosure Form (EPA Form 9178): This form tells you if there is any known lead-based paint or hazards. You must receive and sign this form at lease signing.
  Official source: Sample Disclosure Form for Rental Properties
• EPA's "Protect Your Family From Lead in Your Home" Pamphlet (EPA 747-K-12-001): This is a federally required booklet that explains lead dangers and how to protect your family.
  Download it from the EPA: Protect Your Family from Lead in Your Home

It's a violation if these are not given to you. Your landlord could face penalties, and you may have legal remedies.

Common Signs of Lead-Based Paint Hazards

• Chipped, peeling, or cracking paint in any room
• Windows and door frames with dust or paint debris
• Paint flakes found on floors or outdoor soil near the house foundation

What To Do If You Suspect Lead-Based Paint in Your Rental

Taking action quickly can help protect your family. Here’s a practical summary:

• Document the concern: Take photos and note locations where paint is peeling or damaged.
• Notify your landlord promptly, preferably in writing.
• Request that repairs be made using proper safety procedures. Hawaii law requires landlords to maintain safe premises.
• You may request to see past lead paint inspection reports, if any exist.
• If your landlord does not respond or refuses to remediate the hazard, you can file a complaint with state health officials.

How to File a Complaint About Lead Hazards

If you've notified your landlord and the problem remains unresolved, you can contact the Hawaii Department of Health – Lead-Based Paint Program to report unsafe conditions or violations of the disclosure law.

• Use the Lead Paint Complaint Form from the Hawaii Department of Health.
  Find the complaint form on the Hawaii Department of Health's Lead Program page.
• Include details like your address, the condition of the paint, and your communications with the landlord.
• The Department may inspect and, if necessary, order the landlord to resolve the hazard.

If disputes cannot be resolved, renters may also apply to the Hawaii Office of Consumer Protection – Residential Landlord-Tenant Branch, which manages rental disputes and is the state's primary tribunal for tenancy matters.^[2]

Summary of Renter Protections

Hawaii law, supported by federal standards, puts the responsibility on landlords to address and disclose lead hazards. Tenants have the right to live in safe housing, be informed of known lead dangers, and receive remediation in a timely manner.

Frequently Asked Questions

1. What if my landlord does not give me a lead disclosure form in Hawaii?
   If you’re renting a dwelling built before 1978 and you weren’t provided a Lead-Based Paint Disclosure and the required EPA pamphlet, your landlord may be violating federal law. You can report this to the Hawaii Department of Health or the EPA, and you may have legal remedies, including possible lease termination or damages.
2. How do I check if my rental has lead paint?
   You can hire a certified lead inspector, or you may ask your landlord for previous inspection records. The Department of Health can advise on local testing resources for renters.
3. Are landlords required to remove all lead paint in Hawaii?
   No, but landlords must repair any deteriorating paint using safe methods and must not leave hazardous conditions unaddressed. Hazard control, rather than full removal, is usually required.
4. Where do I file a complaint if my landlord ignores lead paint hazards?
   Contact the Hawaii Department of Health Lead-Based Paint Program. You may also seek help from the Hawaii Office of Consumer Protection – Residential Landlord-Tenant Branch.
5. How soon must my landlord fix lead paint problems?
   Repairs should be made promptly. If hazards pose a direct health risk, Hawaii’s code expects landlords to act without unnecessary delay.

Key Takeaways for Hawaii Renters

• Rentals built before 1978 require lead paint disclosures from landlords.
• If you see chipping or peeling paint, inform your landlord in writing immediately.
• State and federal laws protect your right to safe, healthy housing. You can get help if issues are not addressed.

Need Help? Resources for Renters

• Hawaii Department of Health – Lead-Based Paint Program: For reporting hazards, inspections, and health questions related to lead.
• Hawaii Office of Consumer Protection – Residential Landlord-Tenant Branch: Main tribunal for rental disputes and tenant rights assistance.
• Protect Your Family from Lead in Your Home: Official EPA guide and required pamphlet for renters.
• Hawaii Revised Statutes Chapter 521: Direct link to the state’s landlord-tenant law text.

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1. Hawaii Revised Statutes Chapter 521 – Residential Landlord-Tenant Code
2. Hawaii Office of Consumer Protection – Residential Landlord-Tenant Branch

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