Illinois Renters: Lead Paint Hazards & Your Rights

Lead-based paint hazards in Illinois rental properties can put you and your family at risk, especially in homes built before 1978. Understanding your rights as a renter can help protect your health and empower you to act if you suspect unsafe living conditions. This guide explains what Illinois law requires, how your landlord must respond, and what steps you can take if there’s a concern.

Lead-Based Paint Risks in Illinois Rentals

Lead is a toxic metal that can cause serious health problems, especially for young children and pregnant women. Homes built before 1978 may contain lead-based paint, and exposure can happen through peeling, chipping, or deteriorating paint—putting renters at risk for lead poisoning.

Your Landlord’s Legal Responsibilities

Both federal and Illinois law set clear rules for landlords regarding lead hazards:

• Disclosure Requirement: Landlords must provide renters with information about known lead-based paint hazards before you sign a lease.
• Lead Hazard Pamphlet: You must receive the official EPA pamphlet “Protect Your Family From Lead In Your Home” when renting pre-1978 housing.
• Safe Maintenance: Landlords must repair or remove lead-based paint hazards promptly and safely if discovered.

Illinois landlords are governed by the Illinois Lead Poisoning Prevention Act and the Lead Poisoning Prevention Code, both of which outline landlord obligations and renter protections.

Required Lead Disclosure Forms in Illinois

• Lead-Based Paint Disclosure Form (Form not numbered):
  Required for all leases involving properties built before 1978.
  • When You Use It: Your landlord must give you this form before your lease begins. For example, if you are signing a lease for a 1960s apartment, you should receive and sign this disclosure.
  • Download the official Lead Disclosure Form (EPA)

Documentation is crucial: never sign a lease for pre-1978 housing in Illinois without receiving and signing the required Lead-Based Paint Disclosure form and the EPA pamphlet.

What If You Suspect Unsafe Lead Levels?

If you notice paint chipping, peeling, or conditions that could expose your household to lead, you have important rights. In addition to federal and state requirements, local health authorities can order testing and remediation.

• Notify your landlord in writing of the problem right away.
• Contact your local health department or the Illinois Department of Public Health (IDPH) if nothing is done.
• IDPH can require testing, order your landlord to fix hazards, and even intervene in extreme cases.

Tip: Save copies of all written communication with your landlord and any official forms you receive. This documentation protects your rights if you need to escalate the issue.

How to File a Lead Hazard Complaint in Illinois

If your landlord refuses to address lead paint dangers, you can file a complaint:

• Illinois Department of Public Health (IDPH) Lead Program Complaint: Use this process to report suspected lead hazards in rental housing.
• IDPH Lead Poisoning Prevention Contact and Complaint Instructions

The IDPH will investigate and, if necessary, issue orders to your landlord for hazard correction.

Relevant Illinois Tribunals and Agencies

• Illinois Department of Public Health (IDPH) oversees health-related housing hazards. Visit the official IDPH website for guidance and enforcement resources.
• For tenancy disputes (not health-specific), renters may also refer to their local county court or the Cook County Circuit Court’s Housing Section.

These agencies provide oversight on lead hazards, tenant rights, and complaint resolution according to your city or county.

Key Illinois Tenancy Laws on Lead Safety

• Illinois Lead Poisoning Prevention Act - Establishes hazard prevention and disclosure rules.
• Illinois Lead Poisoning Prevention Code - Covers enforcement, testing, and remediation standards.
• Illinois Residential Tenants’ Right to Repair Act - Allows tenants to arrange repairs and deduct limited costs if landlords fail to act (with specific notice requirements).

Frequently Asked Questions

1. What if my landlord never gave me the Lead Disclosure Form?
   If you did not receive the Lead Disclosure Form before signing a lease for a home built before 1978, your landlord is violating federal and state law. You should request this form in writing and contact the Illinois Department of Public Health if needed.
2. Can I withhold rent if my landlord does not address lead hazards?
   Illinois law requires you to follow a strict process before withholding rent or arranging your own repairs. You must first provide written notice to your landlord and meet requirements set by the Illinois Residential Tenants’ Right to Repair Act. Seek legal advice before taking this step.
3. How do I get my rental tested for lead?
   You can request inspections through your local health department or by contacting the Illinois Department of Public Health Lead Program if you suspect lead hazards.
4. Are landlords required to remove all lead paint?
   Landlords must address any lead hazards (peeling, chipping, or deteriorating paint) that risk tenant health, but complete removal (“abatement”) may not be required unless ordered by health authorities.
5. Can I report my landlord anonymously?
   Yes, you can file a confidential complaint with the Illinois Department of Public Health if you are concerned about retaliation.

In Summary: Key Takeaways

• Illinois landlords must disclose and address lead hazards in pre-1978 housing.
• Use the official Lead Disclosure Form and EPA pamphlet to verify compliance.
• If your concerns are ignored, contact the Illinois Department of Public Health for inspection and enforcement support.

Knowing your rights and using the correct forms and procedures is the best way to protect your family from lead-based paint dangers in Illinois rentals.

Need Help? Resources for Renters

• Illinois Department of Public Health Lead Poisoning Prevention Program – Lead hazard reporting, testing, and remediation help.
• EPA Lead Disclosure Pamphlet – Required reading for tenants in older rental homes.
• Illinois Lead Poisoning Prevention Act – Full legal text on landlord and tenant duties.
• Cook County Circuit Court Housing Section – Housing disputes, legal filings, and advice for renters in Chicagoland.

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1. Illinois Department of Public Health – Lead Poisoning Prevention Program
2. Illinois General Assembly – Lead Poisoning Prevention Act and Lead Poisoning Prevention Code
3. U.S. Environmental Protection Agency – Lead Disclosure and Rental Requirements
4. Illinois General Assembly – Residential Tenants’ Right to Repair Act

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