Nebraska Renters: Lead Paint Hazards & Your Rights

Many Nebraska homes and apartments, especially those built before 1978, may still contain lead-based paint. As a renter, knowing your rights under state and federal law is the first step to keeping your household safe from the health effects of lead exposure—especially for children and pregnant women. This guide gives you practical steps, official resources, and clear explanations designed for Nebraska renters.

What Are Lead-Based Paint Hazards?

Lead-based paint hazards include peeling, chipping, or deteriorating paint in older homes, which can release dangerous lead dust or chips. Exposure is most harmful to children and pregnant women, leading to learning problems, developmental delays, and other serious health issues.

Your Right to Lead Paint Disclosure in Nebraska Rentals

Under federal law, landlords must provide renters with specific disclosures and educational materials about lead-based paint if the rental property was built before 1978. In Nebraska, landlords are required to:

• Disclose any known lead-based paint or lead paint hazards before you sign a lease
• Provide you with the EPA’s Protect Your Family from Lead in Your Home booklet
• Complete and give you the Lead-Based Paint Disclosure form (HUD-9548-E)

Make sure you receive and carefully read these documents before moving in or renewing your lease if the home was built before 1978.

Recognizing a Lead Hazard in Your Rental

• Paint that is chipping, peeling, or chalky—especially on windows, doors, and trim
• Renovations or repairs that disturb old paint
• Visible dust collecting on floors or window sills in older units

Your Landlord’s Responsibilities

• Comply with disclosure requirements for covered properties
• Maintain the property in habitable condition under the Nebraska Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. § 76-1419)
• Address lead hazards if identified during your tenancy or as part of a local inspection

If You Suspect a Lead Paint Hazard

If you think there is a lead-based paint hazard in your rental, take these steps:

• Notify your landlord in writing right away. Describe the hazard and request prompt repairs.
• Keep a copy of your written notice for your own records.
• Contact your local health department for testing or advice. See resources below.

Filing a Complaint in Nebraska

If your landlord does not respond or fix the hazard, you can file a complaint with the Nebraska Department of Health and Human Services (DHHS) Lead Program or your local health department. You may also seek enforcement support from the U.S. Department of Housing and Urban Development (HUD).

Official Forms for Lead-Based Paint Issues

• Lead-Based Paint Disclosure Form (HUD-9548-E): This federal form must be provided by the landlord for pre-1978 homes. You use it to confirm you’ve received information about lead risks. Download and learn more from the official HUD website. For example, if your landlord forgets to provide this form, you can request it before moving in or signing your lease again.
• Complaint/Referral Form (for Lead Hazards): Nebraska DHHS offers an online reporting process or written referrals for suspected lead hazards. Visit the DHHS Environmental Health page to access forms and guidance.

Relevant Tribunal and Legislation in Nebraska

• Tribunal: Nebraska does not have a residential tenancy tribunal, but tenant-landlord disputes are usually handled in county court. Learn more about court process on the Nebraska Judicial Branch’s self-help landlord/tenant portal.
• Legislation: The Nebraska Uniform Residential Landlord and Tenant Act is the main law that protects renters, including requirements for safe and habitable housing.

Frequently Asked Questions

1. Do all Nebraska rentals require a lead paint disclosure?
   Any rental home or apartment built before 1978 must provide a lead-based paint disclosure and EPA booklet before the lease is signed, under federal law.
2. What if my landlord refuses to fix peeling paint in an older building?
   You should send your landlord a detailed written notice and, if unresolved, file a complaint with the Nebraska DHHS Lead Program. You may also seek help through your local county court.
3. Can I test my rental for lead myself?
   Home test kits are available, but for best accuracy and legal documentation, contact your local health department for certified testing through the state’s lead prevention program.
4. How do I get a copy of the Lead-Based Paint Disclosure form?
   You can request this from your landlord or download it directly from the EPA website and ask your landlord to complete it if required.
5. Are there penalties if my landlord doesn’t follow lead paint laws?
   Yes. Landlords may face civil penalties and lawsuits if they fail to provide disclosures or correct lead hazards, per federal and state law.

Conclusion: Key Takeaways for Nebraska Renters

• If you rent a pre-1978 home, always demand your lead paint disclosures and EPA booklet.
• Report any signs of peeling paint or lead hazards to your landlord in writing, and keep records.
• If your landlord doesn’t respond, you can file a complaint with Nebraska DHHS or get legal help from county court.

Staying informed and proactive helps protect your family’s health and ensures your rights as a renter are honored under Nebraska law.

Need Help? Resources for Renters

• Nebraska DHHS Lead Poisoning Prevention Program – Get testing, report hazards, and access guidance.
• Nebraska Landlord-Tenant Self-Help (Nebraska Judicial Branch) – Legal forms and information for tenants.
• HUD: Report Lead Paint Complaints – Federal enforcement, guidance, and complaint submission.
• Local Legal Aid – Find legal assistance through Legal Aid of Nebraska.

---

1. U.S. Environmental Protection Agency (EPA). Lead Laws and Regulations.
2. Nebraska Uniform Residential Landlord and Tenant Act: Chapter 76.
3. HUD Lead Paint Disclosure Form (HUD-9548-E): HUD.gov official PDF.
4. Nebraska Department of Health and Human Services Childhood Lead Poisoning Prevention: DHHS website.
5. Nebraska Judicial Branch: Landlord-Tenant Portal.

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