Amendments to Lead Poisoning Prevention Act regarding lead mitigation effective January 1, 2017

Back in August, 2016, the State passed amendments to the Illinois Lead Poisoning Prevention Act that affect landlords.  Many landlords are aware of the federal law that requires landlords of residential rentals built prior to 1978 to disclose information (reports, pamphlets, etc.) of potential lead-based hazards in their real estate.  However, many Illinois landlords are unaware of their obligations under the Illinois Lead Poisoning Prevention Act.  The new amendments deal with mitigation notices for lead paint hazards in an Illinois rental building governed by the law.

Under the new amendment to section 9.1 that went into effect January 1, 2017, a landlord receiving a mitigation notice is subject to certain disclosure requirements.  If a residential landlord receives a mitigation notice under the act, the landlord needs to make certain disclosures before the renewal of the existing lease agreement.  The landlord must provide the current tenants, if the lease is to be renewed, with written notice that a lead hazard has previously been identified in the dwelling unit, unless the landlord has obtained a certificate of compliance.  An owner will satisfy the notice requirement by providing the tenant with a copy of the mitigation notice and inspection report.  More importantly, before entering into a new lease, a residential landlord who receives a mitigation notice must mitigate the lead hazard and obtain a certificate of compliance pursuant to the Act.

Finally, Section 9.4 of the Act requires that a landlord who has received a mitigation notice must post a specific notice in common areas of the building that must include the following information:

• that a lead hazard has been found in the building;
• that other units in the building may have lead hazards;
• that the Department of Public Health recommends that children 6 years old or younger  receive blood lead testing;
• where to seek further information; and
• whether two or more mitigation notices have been issued during the last five years.

These notices may be removed once the owner has obtained a certificate of compliance for the mitigation.