Rental Properties: Philadelphia Lead Paint Disclosure Law Takes Effect
In accordance to the Ordinance No. 180936-A , as of October 1, 2020, the City of Philadelphia will require landlords of residential properties to test and certify rental properties as lead-safe or lead-free in order to execute a new lease, renew a lease (including automatic renewals), receive a rental license, or renew a rental license.
The regulation will be implemented in four (4) phases over a two-year period. Under each phase, the regulation will apply to lists of zip codes identified by the City beginning on a designated date for each phase. Phase One begins October 1, 2020; Phase Two begins on April 1, 2021; Phase Three begins October 1, 2021; Phase Four begins April 1, 2022. The list of zip codes included for each phase can be found here.
The regulation requires landlords to obtain certification of rental properties as lead-safe or lead-free:
- Regardless of the ages of any children residing at the property; and
- Regardless of whether the dwelling units are subsidized by the Philadelphia Housing Authority or its subsidiaries, or privately owned but currently leased under the Housing Choice Voucher Program.
- Certification must be renewed every four (4) years.
If your property is within Phase One Zip Code [19138, 19141, 19144, 19140, 19132, 19133, 19131, 19121, 19151, 19139, 19143], you would need to obtain a valid certification that a property is lead-free that states that:
- A certified lead inspector determined that the property or unit was free of any deteriorated paint; and
- That interior dust samples were collected, tested, and found to be in compliance with EPA regulations.
The legislation targets housing built before March 1978, even if renovated thereafter, excluding dwelling units developed by or for an educational institution for the exclusive residential use and occupancy by that institution’s students, where non-student family members are not permitted to reside (college dormitories). Housing built after 1978 will also be exempted from the lead certification requirements.