What is substandard housing?
- Substandard housing refers to housing that does not meet building codes and creates health or safety hazards for those occupying the home.
- Examples of substandard living conditions include gas leaks, units without a bathroom or kitchen, lack of proper heating and cooling, as well as deteriorated or chipping paint in homes built before 1978.
Why is lead paint a hazard?
Lead paint is hazardous because over time it can deteriorate and contaminate the surrounding environment. If lead paint is disturbed and creates chips or dust, it can also create a hazard.
If you are conducting repairs to address peeling or chipping paint, you must take special precautions during construction or remodeling to avoid creating a hazard.
- If you own or reside in a home built before 1978, you should assume that it contains lead-based paint. When lead paint is disturbed or starts to chip or peel, it presents a hazard.
- The best way to protect yourself and your family during renovation, repair, or painting is to use lead-safe work practices. Consult the California Department of Public Health's Repainting or Fixing Up your Older Home Pamphlet and EPA’s Renovate Right Pamphlet before planning or undertaking any work that could disturb lead-based paint in your home or property.
- It is also important to consider hiring a California certified lead abatement contractor or inspector before undertaking any work that could disturb lead-based paint.
Rights and Responsibilities
Tenants
If you are a tenant, it is important to understand your rights to safe and healthy housing to prevent lead exposures.
- There are particular regulations that property owners must follow to protect renter or tenant safety.
- Before renting a home built before 1978, have it checked for lead-based paint. Find a certified inspector or risk assessor.
- If you live in a home built before 1978 with peeling or chipping paint, it is important to notify your landlord of the hazard.
- If you are renting a property with any substandard living conditions, it is important to notify your landlord of those health and safety risks.
- In Santa Clara County, if your landlord fails to respond to your lead hazard request in a timely manner, you can submit a complaint to Report lead hazard issues.
Property owners
If you are a property owner, it is important to be familiar with lead laws and regulations that apply to you in order to avoid fines and penalties.
- Assume a unit built before 1978 contains lead paint. Before buying, renovating or renting your home, have it checked for lead-based paint. Find a certified inspector or risk assessor.
- Keep paint intact and keep up with unit maintenance.
- Don't try to remove lead-based paint yourself.
- Use lead safe work practices if you are painting or remodeling the unit yourself.
- When renovating, repairing, or painting, hire only EPA- or state-approved Lead-Safe certified renovation firms.
- Provide the "Protect Your Family from Lead in Your Home" pamphlet to potential tenants or obtain and review the pamphlet if you are a homebuyer.
Lead Regulations
The Lead Disclosure Rule requires owners of rental units built before 1978, and those selling pre-1978 property to disclose information concerning lead-based paint during the sale or lease of a pre-1978 residential unit. This includes providing a lead warning statement, results of any lead testing of the property, and the pamphlet "Protect Your Family From Lead in Your Home" to the tenants or prospective property buyers. For more information on the disclosure rule, visit HUD Lead Disclosure Rule.
California laws and codes make existing or the creation of lead hazards a violation subject to fines and/or imprisonment. Homes built before 1978 are likely to contain lead paint. This means that pre-1978 homes should be lead safe by keeping them maintained with intact paint. It also means that if you are conducting activities that disturb painted surfaces on a pre-1978 building, you are required to take steps to contain the paint chips and dust.
For more information, visit California lead laws and regulations.
Title 17 requires that work on any structure built before January 1, 1978, must use lead-safe work practices including containment and cleaning of the work area after the project is completed.
A revised state law effective April 30, 2008, clarified that this applies to everyone including homeowners, renters, contractors, painters, and maintenance staff. The regulations also cover accreditation of training providers and certification of individuals to perform lead abatement. It also sets work practice standards for lead hazard evaluations and the abatement of lead hazards.
Title 17 implements the mandates of the California Health and Safety Code regarding lead-based paint and lead hazards. Title 17 references its authority in applicable sections of the Health and Safety Code, Civil Code, Government Code, and Revenue and Taxation Code. For the complete text refer to Title 17.
The Lead-in-Construction Standard is in place to protect the health and safety of employees in lead-related construction work, including construction, demolition, renovation and repair.
Contractors disturbing more than 100 square feet or more than 100 linear feet of lead-containing materials are required to take steps to prevent worker exposures to lead. Employers are also required to notify the Department of Industrial Relations at least 24 hours prior to beginning work. For more information, refer to Cal-OSHA Lead Regulations.
The EPA Renovation, Repair and Painting Rule (RRP) requires, with some exceptions, certification as an EPA Certified Renovator for anyone who is conducting work for compensation that disturbs painted surfaces in pre-1978 housing. Companies conducting the training must be certified by the EPA. For additional information, visit the Lead Renovation, Repair, and Painting Program.
Note: Rental property owners doing work on their properties or with maintenance crews may also need to be RRP-certified. Property managers can also be subject to the Renovation Repair and Painting Rule. For more information, visit Renovation, Repair, and Painting Program: Property Managers.
If you participate in the Section 8 housing choice voucher program, (or other Federally Assisted property), especially if your tenant has a child under six years old, the Title X Section 1012/1013 Lead Safe Housing Rule may apply to you. Under this rule you are required to fix peeling paint using lead-safe work practices in a pre-1978 building. For more information, visit the US Department of Housing and Urban Development - Lead Safe Housing Rule Requirements.