Lead paint rules for repairs in older rentals

If a rental was built before 1978, two federal rules shape how you lease it and how you repair it. The disclosure rule covers what you tell tenants before they sign. The Renovation, Repair and Painting rule, usually called the RRP rule, covers who may do paid work that disturbs painted surfaces. Both are enforced, and both affect everyday maintenance more than most managers expect.

Before the lease: the disclosure rule

For most housing built before 1978, landlords must do four things before a lease is signed:

• Give the tenant the EPA pamphlet Protect Your Family From Lead in Your Home
• Disclose any known lead-based paint or lead hazards in the home
• Provide any records or reports about lead in the home, including common areas
• Include the lead warning statement in the lease or an attachment, and keep the signed disclosure for three years from the start of the lease

The rule does not require testing or removal. The EPA lists the housing it does not apply to:

• Zero-bedroom units, such as studios, lofts and dorms, unless a child under six lives there or is expected to
• Leases of 100 days or less with no renewal or extension, such as vacation rentals
• Housing for older adults or people with disabilities, unless a child under six lives there or is expected to
• Housing that a certified inspector has found free of lead-based paint

A landlord, real estate agent or property manager who doesn’t give the required information may be subject to penalties, according to the EPA. Put the disclosure in your lease packet for every pre-1978 property, so it never depends on who signs the lease.

During repairs: the RRP rule

Anyone paid to do work that disturbs painted surfaces in a pre-1978 home must be an EPA lead-safe certified firm and use a certified renovator who follows lead-safe work practices. The EPA names residential rental property owners and managers among the firms covered, along with general contractors, painters, plumbers, carpenters and electricians. That includes plumbers opening a wall, carpenters replacing a window, painters sanding trim and handymen patching drywall.

Which jobs the rule covers

The EPA exempts minor repair and maintenance that disturbs 6 square feet of paint or less per room inside, or 20 square feet or less outside. Two exceptions matter for maintenance: window replacement and demolition of painted surfaces are always covered, whatever the size, and practices the rule prohibits stay prohibited at any size.

Paint testing isn’t required, but the EPA is clear that without documentation showing the paint is not lead-based, the rule applies. A certified renovator can test specific parts with an EPA-recognized test kit, or a certified inspector can test the whole home.

Telling tenants before the work

Before covered work starts in a tenant’s unit, the firm doing it must give the tenant the EPA pamphlet Renovate Right no more than 60 days before work begins. For work in common areas of a multi-family building, the firm either gives notices to tenants or posts signs describing the work, the expected start and end dates and how to get the pamphlet for free. Build the pamphlet step into the job offer for older properties, so the vendor arrives with it.

Checking a vendor’s certification

Renovator certification doesn’t last forever. The EPA says renovators certified through hands-on training stay certified for five years, and those who take the online refresher stay certified for three. Record both numbers on the vendor’s file: the firm certification and the renovator’s certificate, each with an expiration date, next to the W-9 and the insurance certificate. The EPA’s lead-safe firm locator lets you look a firm up before the first job.

What it means for maintenance

• Know which properties were built before 1978, and mark them in your software
• Ask every vendor who may disturb paint for their EPA firm certification number, and keep it on file with the W-9 and insurance certificate
• Write the year built into each job offer for an older property, so the vendor brings the right setup; the work order template has a field for it
• For make-readies, plan sanding, scraping and window work with a certified firm
• Keep the records the vendor gives you after each job

The vendor scorecard has a line for the lead-safe firm number, so an expired certificate shows up at the quarterly review instead of mid-job.

Where Now Ours fits

Vendors get job offers by text, or in the vendor app, in your company’s name, and every message is recorded on the case. Which vendors are on your list, and which certifications they need for older properties, stays your decision. Add the lead-safe certification line to your vendor onboarding checklist.