Are there current laws, which hold landlords responsible for lead hazards in their properties?

Yes. Several laws hold landlords responsible for lead hazards in rental properties.

(i).  It is a criminal offense in Michigan to rent a residential housing unit to a family with a minor child who is found to have an elevated blood lead level where the property owner or manager has knowledge that the rental unit contains a lead-based paint hazard. (MCL 333.5475a.) Penalties include up to 93 days in jail and/or fines up to $5,000.00 for first-time offenders. Fines increase to $10,000.00 for subsequent offenders.

(ii).  It is also a violation of the Detroit City Code to maintain a rental property with lead hazards. Section 24-10-25 of the code provides that it is unlawful for any owner to maintain a dwelling unit in a condition where lead hazards present a danger of lead poisoning to children who inhabit the dwelling. Penalties include fines of up to $500 per day for each day the violation continues.

(iii).  Federal law requires landlords to disclose all known lead hazards to tenants at the time of lease or lease renewal. This disclosure must occur even if the hazards have been reduced or abated. Failure to disclose this information results in a violation of US Department of Rousing and Urban Development and the U.S. Environmental Protection Agency regulations at 24 CFR Part 35 and 40 CFR Part 745 and can result in a fine of up to $11,000 per violation.


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