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Fixing Lead Paint Deadline Confusion

Official:Amending Chapter 6-800 of The Philadelphia Code, entitled “Lead Paint Disclosure and Certification,” to clarify the deadline for filing certain actions, all under certain terms and conditions

Sponsor: Councilmember Young

Introduced: February 6, 2025

: Committee on Public Health and Human Services

environmental health housing zoning

Plain-Language Summary

This bill clarifies the deadline for filing actions related to lead paint disclosure and certification in Philadelphia.

What This Bill Does

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The bill makes the following changes

Clarifies the deadline for a lessee to bring an action against a lessor for failing to comply with lead paint disclosure requirements, allowing the action to be brought prior to the expiration or termination of the lease.
Specifies that a prevailing lessee is entitled to receive an order requiring the lessor to provide a required certification and perform necessary work to make the property lead safe.
Adds a new remedy for a prevailing lessee: abatement and refund of rent for any period in which the lessee occupies the property without a required certification.
Clarifies that a prevailing lessee is entitled to attorney's fees and costs.

Both Sides

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The case for

This bill strengthens the rights of tenants by providing a clearer and more effective process for holding landlords accountable for lead paint hazards in rental properties. Tenants who are forced to occupy a property without a required lead safety certification will now be entitled to a refund of rent for the time they were exposed to the risk, as well as compensation for attorney's fees and costs. This protection will help to ensure that landlords prioritize the safety and well-being of their tenants, particularly families with young children who are most vulnerable to the effects of lead poisoning.

The case against

This bill would shift the financial burden of enforcing lead paint disclosure requirements from the landlord to the taxpayer, as it would likely lead to increased municipal enforcement and potential lawsuits, resulting in costs being passed on to homeowners through increased property taxes or municipal fees. Additionally, the bill would give lessees an unprecedented level of leverage over landlords, potentially driving up rental costs and limiting the availability of housing, particularly for low- and middle-income tenants who may not be able to navigate the complex process of suing their landlord. By granting prevailing lessees the right to abatement and refund of rent, the bill would also create a disincentive for landlords to maintain safe and compliant properties, potentially undermining the purpose of the lead paint disclosure requirements in the first place.

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