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§ 6-803. Lead Disclosure Obligation. 140
(1) Before any buyer is obligated under any contract to purchase residential housing constructed prior to 1978, the seller shall disclose the absence or presence of lead-based paint or lead-based paint hazards. This disclosure shall take one of the two following forms:
(a) the production of the results of a comprehensive lead inspection and risk assessment by a certified lead inspector; or
(b) provision of a multi-lingual form provided by the Philadelphia Department of Public Health containing the following statement:
"The Philadelphia Department of Public Health has determined that most housing built in Philadelphia before 1978 contains dangerous lead paint. This property was built before 1978. Therefore, without a comprehensive lead inspection, conducted by a certified lead inspector, showing there is no lead paint or there are no lead-based paint hazards, you can assume that this property likely contains lead-based paint."
(2) Before any buyer is obligated under any contract to purchase residential housing constructed prior to 1978, the seller is also required to provide the buyer with a lead hazard information pamphlet as prescribed or approved by the Philadelphia Department of Public Health.
(3) Rental Protections. 140.1
(a) No rental license under Chapter 9-3900 shall be issued or renewed to a lessor with respect to any Targeted Housing, and no lessor shall enter into a lease agreement with a lessee to rent any Targeted Housing, or a unit in such Targeted Housing, unless (.1) he or she provides the lessee with a valid certification prepared by a certified lead inspector stating that the property is either lead free or lead safe; (.2) the lessee acknowledges receipt of the certification by signing a copy; (.3) the lessor has provided to the Department of Public Health a copy of such certification. For purposes of this subsection (a), a lease agreement shall include a renewal of a lease agreement, including an automatic renewal, provided that, no certification shall be required upon renewal of a lease if a prior certification provided to the lessee remains valid, as provided for at subsection 6-802(15). In the event the applicant for a rental license does not have any lessees, no license shall be issued with respect to any Targeted Housing unless the applicant has provided to the Department of Public Health a current certification that the property is lead free or lead safe.
(a.1) No lessor shall enter into a lease agreement with a lessee to rent any residential housing unless (.1) the lessor provides the lessee with a current pamphlet produced by the City that describes best practices for reducing the risk of lead exposure from lead service lines and lead plumbing components; and (.2) the lessor discloses to the lessee the existence of any known lead service line. 141
(b) A valid certification that a property is lead safe under this section shall state that the certified lead inspector determined that the property or unit was free of any Deteriorated Paint, and that interior dust samples were collected in compliance with EPA regulations, including 40 C.F.R. § 745.227 and any amendments or successor regulations, were tested and were found not to contain Lead-Contaminated Dust as defined in this Chapter. The certification shall be accompanied by a copy of the corresponding laboratory results of wipe tests for lead-contaminated dust. Any corrective action taken in order to qualify the property for such certification shall be performed in compliance with applicable laws. Expenses relating to obtaining any lead safe or lead free certification required by this Section 6-803 shall be the responsibility of the lessor.
(c) Upon entering into a lease agreement for Targeted Housing, the lessor shall (.1) provide a copy of the signed certification to the Department of Public Health; and (.2) provide to the tenant, in addition to any written notifications required by applicable laws, a written notification advising the tenant to perform a visual inspection of all painted surfaces periodically during the term of the lease, and advising that the tenant may inform the lessor of any cracked, flaking, chipping, peeling, or otherwise deteriorated paint surfaces. Upon receipt of any such tenant notification the lessor shall promptly inspect and correct any defective conditions as required by Section PM-305.3 of the Philadelphia Property Maintenance Code and in compliance with other applicable laws. 142
(d) The Department of Public Health shall publish annually, effective on the same transition schedule provide for at subsection 6-802.1(1)(c):
(.1) A list of each rental unit, including the address and name of lessor, for which a certification was provided to the Department pursuant to subsection (c)(.1), above.
(.2) A list of each rental unit, including the address and name of lessor, for which the Department or its designee has issued a notice of violation, or taken other enforcement action, for failure to submit a certification to the Department pursuant to subsection (c)(.1), above.
(e) The Department of Public Health shall maintain on its website a publicly-available list of Certified Lead Inspectors and a list of persons qualified to perform lead remediation.
(f) A lessee shall cooperate and provide reasonable access to the rental unit for the lessor to have a certified lead inspector do an evaluation of the unit for a lead-safe certification in accordance with subsection 6-803(3)(b). The lessee shall also provide reasonable access to have any corrective action performed on the property to qualify the property for such certification. The lessor shall provide reasonable notice to the lessee to have the above work done on the property. If a lessor believes that a lessee has not provided reasonable access, the lessor may provide notice to the Department of Public Health. The Department may promulgate regulations to implement the provisions of this paragraph.
(g) Upon request of the Department, a lessor shall provide to the Department such documentation as identified by the Department as necessary to determine compliance with the provisions of this Section 6-803.
(h) The Department of Public Health shall file a report with the Chief Clerk of Council, no later than October 30, 2022, setting forth the Department's experience with this Section 6-803, including an assessment of its effectiveness in reducing exposure to lead paint and recommendations for revisions or improvements.
(i) Upon a City inspection for lead safety at any property rented by a lessor for which a lessor has not provided the lessee the certification required in this Section, the lessor shall be liable to the City for the costs of such inspection.
(j) No person shall take any retaliatory action against any person who exercises in good faith a right established by this Chapter or any regulation promulgated hereunder, or who causes any lessor to take any steps required by this Chapter or any regulation hereunder. Retaliatory action shall include, but not be limited to, any of the actions listed at subsection 6-403(5)(a) (Tenant Protection Against Retaliation).
Amended, Bill No. 100011-A (approved December 21, 2011), effective December 21, 2012.
Amended, Bill No. 180936-A (approved October 2, 2019), effective October 1, 2020.
Added, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017.
Amended, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017.