What is the Lead Law?

The City of Philadelphia recently amended the lead law which now requires ALL rental properties (not just those with children under 6) to have “Lead Safe or Lead Free Certificates” filed with the Public Health Department starting in 2020.  Landlords are required to:

1. Certify the property is lead safe or lead free.

2. Submit the certificate to the Department of Public Health

Link to Amended Lead Law

What is “Lead Safe” and how do we test for it?

The term “Lead Safe” refers to paint that may show trace amounts of lead, but no more than the established federal safety limits.  

The EPA has established a range of limits to be “lead safe” for which the Public Health Department has adopted for validation.

For each property, the requirement is to test (via a swab-like a hand wipe) the windowsill and floors in each bedroom, as well as window sills and floors in one common area (living room, dining room, etc.). This test is sent to our certified laboratory.  

Our laboratory issues an independent report summarizing the results which is to be submitted to the Public Health Department with your “lead safe” certificate.

What is “Lead Free” and how do we test for it?

A certification that a property is "lead free" means that our technicians have used a XRF device to measure the levels of lead in all walls, floors, common areas (living room, dining room, kitchen, bathroom, etc.) and determined that all surfaces were free of lead.

This test is used primarily in newer or completely (basement to roof) renovated properties.

It requires a comprehensive level of certification that also includes any public areas (hallways, laundry rooms, stairwells, basements, etc).

What is the risk of not being compliant with the new law?

If you do not file a “lead safe” certificate by the dates as required by the law, the following actions may be taken against you:

• Failure to comply shall be subject to a fine of $2000.00 for each residential unit.

• Any tenant may enforce the provisions of the law and shall be entitled to actual damages not less than triple the monthly rent for each violation, plus attorneys’ fees and costs. 

• Where a landlord does not comply, the tenant shall be entitled to bring an action in a court of competent jurisdiction and tenant shall be entitled to abatement and refund of rent for any period in which the lessee occupies the property without a required certification having been provided.

Public Health Department Frequently Asked Questions (FAQs)