Arthur R. Panza
Attorney at Law
PO Box 244
228 Kings Highway East Haddonfield, NJ 08033
Member: Pennsylvania and New Jersey Bars
NJ Tel: (856) 428-2121
Fax: (856) 216-9035
PA Tel: (215) 923-3079
Title 6, Section 6-800 et seq. of the Philadelphia Health Code sets forth requirements to be met by Philadelphia residential landlords concerning tenants with children six years or younger. Certain conditions must exist to trigger the Lead Paint Disclosure and Certification Law.
In reference thereto, the Law covers:
- Rental properties built before 1978 and;
- The residential tenancy began after December 21,2012 and:
- There is a child in the unit six (6) years of age or younger.
Assuming those three (3) conditions exist, the residential landlord needs to have the rental unit inspected and certified as Lead Free or Lead Safe. Landlords can locate their own certified/ licensed lead professionals or in the alternative, the City provides a site Landlords can access to try and locate said professionals. The site is www.phila.gov/health/leadlaw.
(The writer of this article does not endorse or make any claims or representations as to the experience or credentials of anyone on the aforementioned site.)
Landlords who fail to comply with Title 6, Section 6-800 et seq. can be sanctioned with serious penalties. Section 6-809 provides various remedies available to tenants covered by the Lead Paint Disclosure and Certification 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 provided…”
If a residential tenant covered by Title 6, Section 6-800 et seq. paid rentals of $8,000.00 during the time the Landlord failed to provide a Lead Free or Lead Safe Certification, the tenant could file suit in the Philadelphia Courts for an $8,000.00 rent refund, attorney’s fees and other available remedies set forth in Section 6-809.
It is essential for Philadelphia residential landlords to fully comply with the Philadelphia Lead Paint Disclosure and Certification Law. Failure to do so can result in serious penalties.
This article is a brief summary of the Philadelphia Lead Paint and Disclosure Law and is not offered as legal advice. Landlords and tenants should consult with counsel before proceeding with legal action under the aforementioned statute.
Arthur R. Panza, Esquire
* Arthur R. Panza, Esquire has practiced Landlord and Tenant law in Pennsylvania and New Jersey for 36 years and 25 years respectively.