Sept 2023

LEAD, WATER & FLOOD... from page 25.

of a unit’s valid Lead-Safe Certification. Specifically, unless exempt (as described above), a property owner must provide evidence of a valid Lead Safe Certification and evidence of the most recent turnover during any cyclical inspection under the “Hotel and Multiple Dwelling Law.” Further, (unless exempt) property owners must provide copies of the Lead Safe Certification to new tenants at turn over, in addition to providing copies of the Certification in their leases. Additionally, property owners must maintain a record of the Lead Safe Certification, including the names of the tenants in the unit when the inspection was conduct ed (again, assuming the property owner is not exempt). The introduction of the Lead Safe Certification raises potential issues relating to the transparency of information between property owners and tenants. It is anticipated that prospective and current tenants will increasingly request evidence of such certifications, prompting property owners to maintain rigorous record-keeping and communication practices. Importantly, the law addresses community associations directly. It explains that any inspection fees charged pur suant to the law are chargeable to the unit owner, not the

(1) were built in 1978 or later; (2) have been certified to be free of lead-based paint; (3) are located in a building with at least three units, have been registered with the DCA for at least ten years by the current or previous owner, and have no outstanding lead violations from the most recent cyclical inspection under the “Hotel and Multiple Dwelling Law”; (4) are part of a single-family or two-family seasonal rental, which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or (5) already have a valid Lead-Safe Certification. These exemptions are significant, as they delineate the scope of the legislation and provide clarity for property owners regarding their obligations. An important change that comes with the passing of this new law, however, is that property owners are now required to provide evidence and maintain documentation

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SEPTEMBER 2023