Lead Law Update (FAQ Series): If a landlord does not file a lead certificate, what actions may be taken against them by the tenant?

We are regularly receiving questions regarding the new Lead Law and have created a weekly “Frequently Asked Questions” (FAQ’s) forum for you as you desire to become more informed of the Lead Law and its complexity.

 

This week we are featuring a common question:

 

Question: If a landlord does not file a lead certificate, what actions may be taken against them by the tenant?

Answer: The following actions may be taken against a landlord:

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  • 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.

  • Tenants shall be entitled to abatement and refund of rent for any period in which the lessee occupies the property

  • Landlords’ Rental License will be revoked (or can’t be renewed)

In essence, it can be quite expensive not to comply with the new lead law. 

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Lead Law Update (FAQ Series): If I have a tenant eviction and I haven't filed a lead certificate (because the tenant is not cooperating), can I still evict the tenant?

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Phase 4 Rental Assistance is Now Open