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Landlords & Tenants: Know Your Lead-Based Paint Rights

As part of my landlord/tenant practice, I have encountered many disputes over potential lead based paint exposure in apartments in New Orleans. My landlord clients are usually concerned about protecting themselves from liability for exposure, while my tenant clients are obviously concerned about their health and the health of their families! It is important to know that you are allowed to work on a home that has lead-based paint, but you must know what the city ordinances are in New Orleans. As an experienced landlord attorney, I am here to offer you some friendly advice on how you can work on your lead-based paint building and what you should do, as a tenant, if you are unsure whether your home lead-based paint.

What are the New Orleans Regulations for Using Lead-Based Paint?

In 2001, New Orleans adopted Ordinance 20,345 MCS which was the first regulated standards for those working with lead-based paint in the city. It includes and governs all buildings and steel structures built prior to December 31, 1978. As predicted, these regulations are in place for the safety of the public, especially children, from the harmful effects of lead contamination. If you want to make any changes to a building that could have been constructed with lead-based paint in the city of New Orleans, you are required to notify the Department of Safety and Permits in writing. Even if you are unsure if the building contains lead-based paint, if the building was constructed prior to December 31, 1978, you still have to contact the DSP as they are presumed to contain lead-based paints. Here are the instructions on how to contact the DSP:

  • File a “Lead-Based Paint Removal Form” with Safety & Permits
  • Notify your tenants of the structure that work with lead-based paint will be occurring
  • Use a State-licensed “Lead-Based Paint Abatement and Removal” contractor if the work is a complete lead abatement

What is the Formal Way to Notify Tenants and New Orleans of Lead-Based Paint?

When a tenant signs a new lease with you, I believe that it is absolutely necessary for landlords to disclose to tenants about the possibility of lead-based paints in the home. Even if you don’t think your property has lead filled paint, it is always better to be safe than sorry. Here’s a sample of a lead based paint disclosure form. If you plan to work on a building that may disturb the lead-based paint, then you are obligated to officially notify your tenants or the occupants of the building. How should you notify your tenants of the work you will be doing on the home that has lead-based paint?

  1. Post a sign, write a letter or a memo to your tenants that states: “Work is scheduled to be performed beginning [DATE] on this property that may disturb or remove lead-based paint. The persons performing this work are required to follow federal, state and local laws regulating work with lead-based paint. You may obtain information regarding these laws, or report any suspected violation of these laws by calling the Department of Safety & Permits at 658-7100.”
  2. Provide you tenants with a copy of the United States EPA’s pamphlet “Protect your Family from Lead in your Home.” You can access that pamphlet here. If you have questions about this, please call me at (504) 264-9492.
  3. Notify your tenants at least three (3) days prior to when the work is scheduled to begin. It is important to note that if you plan to disturb lead-based paint while painting or construction in your building, you or your contractor are required to write to the DSP outlining what protective measures are being taken in order to prevent lead contamination to the ground or adjacent properties.

Please check with your district, though, as the historic districts may require permits and additional approvals in order to commence work.

How to Prevent Lead Contamination in New Orleans

When you are working on a building that may have lead-based paint, it is important that you follow a list of safety precautions in order to make sure that you do not contaminate the soil under and around the building, in addition to your neighbors’ buildings, with lead. Here are a few:

  1. Take a layer of polyethylene plastic sheeting to the side of the building, with no gaps between the plastic and the building, to collect any falling paint chips. The sheet should be extended 10 feet beyond the perimeter of the building, or to the adjacent structure if it is closer than 10 feet. Keep windows within 20 feet closed.
  2. Tape two layers of polyethylene plastic sheeting to the interior walls if you’re working on windows from the outside. Extend the sheet 5 feet beyond the perimeter of the window.
  3. Cover all areas that may become contaminated with paint debris, including soil and plants.
  4. If you’re scraping paint, keep the surface wet.
  5. If you’re using a power sander, you must use a HEPA vacuum attachment.
  6. Dispose of lead-based paint debris and plastic sheeting in a double bag, placed in a secured container.
  7. Remove debris from inside the building with a HEPA vacuum. Clean with a moist cloth (that you will throw away) and HEPA vacuum the area again.
  8. Use a HEPA vacuum to clean work clothes and change your clothes before getting into a vehicle.

Tenants: Receiving Notification from Your Landlord

Are you a tenant living in a building that has been worked on recently, or you believe that there was a possibility that you were exposed to lead while the building was being worked on? Then you should immediately call your local New Orleans tenant lawyer at Crescent City Law. We just reviewed the protocols that a landlord and/or contractor must take in order to work on a building constructed prior to December 31, 1978 which are all assumed to be built with lead-based paint. Therefore, there is a possibility that you were exposed to lead, which could lead to health concerns. I am an experienced tenant lawyer with the knowledge and understanding of working with lead-based paint buildings and will offer you a free consultation. Please feel free to call me at (504) 264-9492 or e-mail me.

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