Section 67-5.8 - Protections for Tenants
Effective Date
67-5.8 Protections for Tenants. In communities of concern:
(a) The owner must provide written notification to tenants of all eligible dwellings that their rental unit is recorded in the rental registry and information on the status of said rental unit and education regarding lead safety for tenants.
(b) When lead-based paint hazard(s) and/or visual lead soil hazard(s) are identified in a rental unit during a lead hazard inspection, the owner must provide a copy of the lead hazard inspection results to tenants renting affected units within 24 hours of receiving the inspection results.
(c) The owner shall take all necessary steps to protect tenants from exposure to lead-based paint hazards and visual lead soil hazards while remediation of such hazards is in progress, in a manner acceptable to the department. If only a portion of the units were inspected during initial inspections, it shall be presumed that the other units in the dwelling contain similar hazards to those identified and tenants in those additional units shall be similarly notified.
(d) Once lead-based paint hazards are identified in a unit, and that unit becomes vacant, the unit shall not be reoccupied until a lead safety certification is issued.
(e) The department or its designated representative may prohibit the presence of children and pregnant people in part or all of a registered dwelling or rental unit during remediation activities.
(f) The department or its designated representative may require relocation of occupants to temporary housing until remediation work has been successfully completed. If occupants must be relocated, it shall be the responsibility of the owner to provide suitable temporary housing until occupancy is permitted by the department or its designated representative.
(g) The department or its designated representative may placard the registered dwelling or rental unit with the statement that human habitation is prohibited until the department or its designated representative determines that active health hazards have been sufficiently remediated.
(h) It is unlawful for an owner, or any person or entity acting on behalf of an owner, to take any retaliatory action against a tenant who reports a suspected lead-based paint hazard to the owner, the department or its designated representative, or any municipal agency. Retaliatory actions include but are not limited to any actions that materially alter the terms of the tenancy (including but not limited to rent increases, fines, and non-renewals during remediation) or interfere with the occupants’ lawful use of the property as defined in a lease, sublease, contract, or other document establishing said terms of use.