Philadelphia Lead Paint Disclosure and Certification Law
Title 6, Section 6-800 et seq., of the Philadelphia Health Code sets forth the conditions which must be met for a Philadelphia residential rental property to be covered by the Lead Paint and Disclosure Law.
Properties covered by the Philadelphia Lead Paint Disclosure and Certification LawThe above mentioned law covers residential rental properties built before 1978 and residential tenancies which began after December 21, 2012 and units with children six(6) years or younger. Assuming all three of these conditions exist, a Philadelphia residential landlord must have that unit inspected and certified as lead free or lead safe. Said certifications must be issued by certified, licensed lead professionals. Landlords can locate their own licensed lead professionals, but as a courtesy, the City of Philadelphia provides a site Landlords can access to try and locate certified lead professionals. The site is www.phila.gov/health/leadlaw.
Failure to comply with the Philadelphia Lead Paint Disclosure and Certification LawLandlords who fail to comply with Title 6, Section 6-800 et seq of the Philadelphia Health Code can be sanctioned with serious penalties. Section 6-809 provides various remedies available to tenants covered by this law. Said remedies include, but are not limited to:
Title 6, Section 6-809 (3) (d) : " abatement and refund of rent for any period in which the lessee occupies the property without a certification having been obtained..."
If a tenant lives in a covered property, the tenant may sue for a refund of rentals paid during the time the property was not inspected and certified as lead free or lead safe.
That is not to say all tenants would automatically be owed a rental refund as the Trial Judge would need to review the evidence and decide if relief is warranted in that individual case.
Philadelphia Landlords and Tenant should consult with Landlord and Tenant counsel before pursuing a course of action under the Lead Paint Disclosure Law.