Lead-Based Paint on Church Property

The legal implications.

The legal implications

Article summary. Many children are poisoned each year by eating lead-based paint. In at attempt to address this problem, the federal government has issued regulations imposing strict requirements on the sale or lease of residential property constructed prior to 1978. There are no exceptions for churches or other nonprofit organizations. Church leaders need to be aware of these requirements whenever they sell or lease church-owned residential property. Failure to comply with these requirements can result in substantial liability, including “triple damages.” This article addresses the application of these requirements to churches.

Many churches own residential properties, including homes, duplexes, and even small apartment buildings. In most cases, homes are acquired as parsonages. But homes, duplexes, and apartment buildings in the immediate vicinity of the church also may be acquired for future expansion, and in some cases they are donated to the church. Church leaders need to be aware of strict federal regulations that regulate the sale or lease of some residential properties. The objective of these regulations is to reduce cases of poisoning among children who consume lead-based paint. This article will describe the background of this problem, summarize the federal regulations, and explain their practical significance to churches.

Background

In General

Lead affects virtually every system of the body. While it is harmful to individuals of all ages, lead exposure can be especially damaging to children, the unborn, and women of childbearing age. Recent studies have raised concern over blood-lead levels once thought to be safe. Since 1978, the federal Centers for Disease Control (CDC) has lowered the blood-lead level of concern from 60 to 10 micrograms per deciliter.

Lead poisoning has been called “the silent disease” because its effects may occur gradually and imperceptibly, often showing no obvious symptoms. Blood-lead levels as low as 10 micrograms per deciliter have been associated with learning disabilities, growth impairment, permanent hearing and visual impairment, and other damage to the brain and nervous system. In large doses, lead exposure can cause brain damage, convulsions, and even death. Lead exposure before or during pregnancy can also alter fetal development and cause miscarriages.

In 1991, the Secretary of the United States Department of Health and Human Services characterized lead poisoning as the “number one environmental threat to the health of children in the United States.” Although the percentage of children with elevated blood-lead levels has declined over the last 20 years, millions of U.S. children still have blood-lead levels high enough to threaten their health. The Third National Health and Nutrition Examination Survey (NHANES III) indicates that over the past two decades, the average child’s blood-lead level has decreased from 12.8 to 2.8 micrograms per deciliter. NHANES III also indicates, however, that in 1991 approximately 1.7 million U.S. children under the age of 6 still had blood-lead levels that exceeded the 10 micrograms per deciliter level of concern.

Lead-based Paint

Efforts to reduce exposure to lead from sources like gasoline and food cans have played a large role in the past reductions of blood-lead levels in the United States. Despite these successes, a significant human health hazard remains from improperly managed lead-based paint. From the year 1900 through the 1940’s, paint manufacturers used lead as a primary ingredient in many oil-based interior and exterior house paints. Usage gradually decreased through the 1950’s and 1960’s, as largely lead-free latex paints became more popular. Although the federal government banned lead-based paints from residential use in 1978, the federal Environmental Protection Agency (EPA) estimates that 83 percent of the privately owned housing units built in the United States before 1980 contain some lead-based paint. By these estimates, approximately 64 million homes may contain lead-based paint that may pose a hazard to the occupants if not managed properly.

Lead from exterior house paint can flake off or leach into the soil around the outside of a home, contaminating children’s playing areas. Dust caused during normal lead-based paint wear (especially around windows and doors) can create a hard-to-see film over surfaces in a house. In some cases, cleaning and renovation activities can increase the threat of lead-based paint exposure by dispersing fine lead dust particles in the air and over accessible household surfaces. If managed improperly, both adults and children can receive hazardous exposures by inhaling the fine dust or by ingesting paint dust during hand-to-mouth activities. Children under age 6 are especially susceptible to lead poisoning.

The Residential Lead-Based Paint Hazard Reduction Act

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992 to address the need to control exposure to lead-based paint hazards. The Act established the infrastructure and standards necessary to reduce lead-based paint hazards in housing. Within this law, Congress recognized lead poisoning as a particular threat to children under age 6 and emphasized the needs of this vulnerable population. Section 1018 of the Act requires EPA to promulgate regulations for disclosure of any known lead-based paint or any known lead-based paint hazards in “target housing” offered for sale or lease.

The key provisions of this Act are summarized below.

Only “target housing” is regulated

Target Housing

The Act only regulates “target housing,” which it defines as follows:

Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to reside in such housing) or any 0-bedroom dwelling …. 0-bedroom dwelling means any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.

There are no exceptions for housing that is owned by churches or other charitable organizations.

Exemptions

The following transactions are exempted from the Act’s requirements:

(1) Sales of target housing at foreclosure.

(2) Leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program. Until a Federal certification program or federally accredited State certification program is in place within the State, inspectors shall be considered qualified to conduct an inspection for this purpose if they have received certification under any existing State or tribal inspector certification program. The lessor has the option of using the results of additional test(s) by a certified inspector to confirm or refute a prior finding.

(3) Short-term leases of 100 days or less, where no lease renewal or extension can occur.

(4) Renewals of existing leases in target housing in which the lessor has previously disclosed all information required by the Act and where no new information has come into the possession of the lessor.

Requirements for sellers of target housing

Each contract to sell target housing must include an “attachment” that contains specific disclosure and acknowledgment elements. The required elements are described below:

(1) lead warning statement

Each contract must contain the following lead warning statement:

Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

(2) statement disclosing known lead-based paint

The second requirement is a statement disclosing the presence of any known lead-based paint and lead-based paint hazards in the target housing, or indicating no knowledge of the presence of lead-based paint or lead-based paint hazards. The Act defines a lead-based paint hazard as follows:

Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency.

The seller must also provide any additional information available concerning the known lead-based paint and lead-based paint hazards, such as (1) the basis for the determination that lead-based paint and lead-based paint hazards exist in the housing, (2) the location of the lead-based paint or lead-based paint hazards, and (3) the condition of the painted surfaces. The statement must also list all records and reports pertaining to lead-based paint and lead-based paint hazards that are available to the seller and that have been provided to the purchaser. If no such records or reports are available to the seller, the statement must so indicate.

(3) receipt of required information

The third requirement is a statement by the purchaser affirming that he or she has received (1) the lead warning statement, (2) the seller’s statement disclosing the presence of any lead paint or lead-based paint hazards, and (3) a lead hazard information pamphlet required (the pamphlet may be the federal pamphlet entitled “Protect Your Family from Lead in Your Home” or a state-developed pamphlet that has been approved by EPA).

(4) 10-day inspection right

The fourth requirement is a statement that the purchaser has received a 10-day opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards (unless the parties have mutually agreed to a different period of time), before becoming obligated under the contract to purchase the housing. Alternatively, a purchaser who chooses to waive the risk assessment or inspection opportunity must so indicate in writing.

(5) real estate agents

The fifth requirement is a statement by any agent involved in the transaction that the agent has informed the seller of the seller’s obligations and that the agent is aware of his or her duty to ensure compliance with the requirements of this rule.

(6) signatures of seller

The sixth requirement is the signatures of the seller, real estate agent, and purchaser, certifying the accuracy of their statements on the attachment, along with their dates of signature. These signatures document the acceptance by the parties of the information they have provided on the attachment as a whole and alert the various parties to their respective roles and responsibilities.

Form #1: Sample Disclosure Format for Target Housing Sales

Requirements for lessors of target housing

Each contract to lease target housing must include an “attachment” that contains specific disclosure and acknowledgment elements. The required elements are described below:

(1) lead warning statement

Each contract must contain the following lead warning statement:

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

(2) statement disclosing known lead-based paint

The second requirement is a statement disclosing the presence of any known lead-based paint and lead-based paint hazards in the target housing, or indicating no knowledge of the presence of lead-based paint or lead-based paint hazards. The Act defines a lead-based paint hazard as follows:

Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency.

The seller must also provide any additional information available concerning the known lead-based paint and lead-based paint hazards, such as (1) the basis for the determination that lead-based paint and lead-based paint hazards exist in the housing, (2) the location of the lead-based paint or lead-based paint hazards, and (3) the condition of the painted surfaces. The statement must also list all records and reports pertaining to lead-based paint and lead-based paint hazards that are available to the lessor and that have been provided to the lessee. If no such records or reports are available to the lessor, the statement must so indicate.

(3) receipt of required information

The third requirement is a statement by the lessee affirming that he or she has received (1) the lead warning statement, (2) the lessor’s statement disclosing the presence of any lead paint or lead-based paint hazards, and (3) a lead hazard information pamphlet (the pamphlet may be the federal pamphlet entitled “Protect Your Family from Lead in Your Home” or a state-developed pamphlet that has been approved by EPA).

(4) real estate agents

The fourth requirement is a statement by any agent involved in the transaction that the agent has informed the lessor of the lessor’s obligations and that the agent is aware of his or her duty to ensure compliance with the requirements of this rule.

(5) signatures of seller

The sixth requirement is the signatures of the lessor, real estate agent, and lessee, certifying the accuracy of their statements on the attachment, along with their dates of signature. These signatures document the acceptance by the parties of the information they have provided on the attachment as a whole and alert the various parties to their respective roles and responsibilities.

Form #2: Sample Disclosure Format for Target Housing Leases

Recordkeeping Requirements

The Residential Lead-Based Paint Hazard Reduction Act requires sellers and their agents to retain a copy of the completed disclosure and acknowledgment contract attachment (discussed above), for 3 years from the completion date of the sale. Similarly, lessors and their real estate agents are required to retain a copy of the completed lease or attachment for 3 years from the commencement of the lease period.

Legal Liability

Churches may be legally liable for injuries caused by persons who purchase or rent church-owned residential property and who are poisoned by lead-based paint. Summarized below are some of the bases of liability.

(1) the Residential Lead-Based Paint Hazard Reduction Act

Violation of the requirements that apply to sellers and lessors of target housing may result in (1) civil and criminal penalties, (2) potential triple damages in a private civil suit, and (3) an obligation to pay the attorney fees and expert witness fees of victims.

(2) state and local law

The Act specifies that it does not “relieve a seller, lessor, or agent from any responsibility for compliance with state or local laws, ordinances, codes, or regulations governing notice or disclosure of known lead-based paint and/or lead-based paint hazards.”

(3) negligence

Churches may be sued on the basis of negligence for injuries to children (including lead-based paint poisoning) that occur while the children are participating in a preschool or head start program on church premises, even if the program is operated by another organization that leases church property.

Examples

The following examples will illustrate the application of the principles summarized above.

Example. A church purchased a home in 1960 to use as a parsonage. The church’s senior pastor moves out of the parsonage in 1999 and purchases a home. The church decides to retain the parsonage, and later the parsonage is leased to a family with two young children. Church leaders are not familiar with the Residential Lead-Based Paint Hazard Reduction Act, and do not comply with any of its provisions. After living in the parsonage for several months the lessees’ children begin to exhibit serious neurological problems. A physician diagnoses the condition as lead poisoning, and it is later determined that the children have been eating lead-based paint in the parsonage. The parents sue the church, alleging that their children’s injuries are permanent and severe, and amount to $1 million per child. Since the Residential Lead-Based Paint Hazard Reduction Act permits lessors to be liable for “triple damages,” the church faces damages of up to $6 million. In addition, a court can order the church to pay for the parents’ attorney fees and expert witness fees.

Example. Same facts as the previous example, except that the parsonage was constructed in 1980 and acquired by the church in 1983. Since the parsonage was constructed in or after 1978, it is not “target housing” and is not subject to the Residential Lead-Based Paint Hazard Reduction Act. However, the church may be subject to local or state regulations, and it may be liable on the basis of ordinary negligence for the children’s lead poisoning.

Example. A church purchased a home in 1970 to use as a parsonage. In the year 2000, the senior pastor moves out of the parsonage, and the church allows its youth pastor to move in. The youth pastor has three minor children. Is this transaction subject to the Residential Lead-Based Paint Hazard Reduction Act? Since the home was constructed prior to 1978, it is target housing. However, the question is whether or not the transaction constitutes a “lease.” The Act does not define the term “lease,” but it does define a “lessor” as “any entity that offers target housing for lease,” and it defines a “lessee” as “any entity that enters into an agreement to lease, rent, or sublease target housing, including but not limited to individuals, partnerships, corporations … and nonprofit organizations.” Is a youth pastor who moves into a church-owned parsonage a “lessee” under this definition? An argument can be made that the youth pastor is not a lessee, since he did not “enter into an agreement to lease” the parsonage. On the other hand, it could be argued that an oral or implied “agreement” did exist by which the youth pastor and his family were allowed to occupy the parsonage, on a rent-free basis, for such time as he served as youth pastor. Since this interpretation of the Act is certainly possible (and probably would be vigorously asserted by a plaintiff’s attorney), church leaders may wish to comply with the requirements that the Act imposes on lessors who lease target housing. An attorney should be consulted for a legal opinion. Note that compliance with these requirements is relatively simple, and would impose a minimal burden on a church in return for a significant reduction in risk.

Example. A church leases a portion of its premises to another congregation on Sunday afternoons. The other congregation conducts religious services and education classes for adults and children. While the church is leasing its premises to the other congregation, it is not subject to the provisions of the Residential Lead-Based Paint Hazard Reduction Act because it is not leasing “target housing.”

Example. A church has a “studio apartment” located on its premises that consists of one room. The church leases this apartment to its custodian. While the church is leasing its premises to the custodian, it is not subject to the provisions of the Residential Lead-Based Paint Hazard Reduction Act because a “studio apartment” is a “0-bedroom dwelling” that does not meet the Act’s definition of “target housing.”

Example. A denominational agency owns a campgrounds which consists of recreational facilities, a chapel, and several dormitories. The campgrounds are leased to several groups during the year. While the denominational agency is leasing the campgrounds, it is not subject to the provisions of the Residential Lead-Based Paint Hazard Reduction Act because “dormitory housing” is a “0-bedroom dwelling” that does not meet the Act’s definition of “target housing.”

Example. A church purchases three homes next to its parking lot to accommodate future expansion. The homes were each constructed in the 1950s. The church rents the homes. These rental arrangements are subject to the Residential Lead-Based Paint Hazard Reduction Act, and so the church is required to comply with the requirements summarized above. Failure to do so exposes the church to potentially significant liability, including triple damages.

Example. Bob donates a home to his church at the end of 1999. The pastor knows a family in the church who are wanting to purchase a home, and he asks if they would be interested in buying Bob’s home. The family visits the home and decides to buy it. The pastor picks up a “legal forms” book at a local bookstore, and prints out a real estate sales contract. If the home was constructed prior to 1978, it is “target housing” and the sales transaction is subject to the Residential Lead-Based Paint Hazard Reduction Act.

Example. A church sells its sanctuary and buys a larger church building. A church sanctuary is not “target housing,” and so the church’s sale of its sanctuary is not subject to the Residential Lead-Based Paint Hazard Reduction Act.

Risk management for churches

Here is a checklist of steps that church leaders can take to reduce the risk of liability based on the Residential Lead-Based Paint Hazard Reduction Act.

1. Buying residential property. Church leaders should be certain that the seller is complying with the Residential Lead-Based Paint Hazard Reduction Act whenever the church is buying residential property constructed prior to 1978. It is important to note that the Act does not require sellers to remove lead-based paint from their property, or inspect their property for the existence of lead-based paint. Rather, they are only required to notify a buyer of any known lead-based paint or lead-based paint hazards on the property so that the buyer can make an informed decision regarding acquisition of the property and be alerted to any potential health problems in the future.

The fact that a seller is not aware of the presence of any lead-based paint on his or her property does not mean that the property is free of this hazard. The Act gives buyers a 10-day right of inspection to look for the presence of lead-based paint or lead-based paint hazards before becoming obligated under a contract to purchase residential property. A buyer can waive this right. Church leaders should consider the following precautions:

Ensure compliance with the Act. Be sure that the seller is complying with the terms of the Residential Lead-Based Paint Hazard Reduction Act.

Review the seller’s disclosures. Did the seller disclose the presence of lead-based paint? If so, church leaders should consider whether or not they want to proceed with the purchase of the property. They may want to condition the purchase of the property on the seller’s removal of the paint, or insist on a reduction in the purchase price to cover the cost of eliminating the hazard.

Exercise the right of inspection. If the seller is not aware of the presence of any lead-based paint, then consider exercising your 10-day right of inspection. Do not sign any real estate contract containing a provision waiving this right of inspection. Also, the contract should contain a provision allowing you to cancel the contract in the event that lead-based paint or a lead-based paint hazard is discovered during an inspection.

The EPA regulations contain the following sample “contingency” clause that buyers may want to include in a real estate contract (it is not required, however):

This contract is contingent upon a risk assessment or inspection of the property for the presence of lead-based paint and/or lead-based paint hazards at the Purchaser’s expense until 9 p.m. on the tenth calendar-day after ratification [Insert date 10 days after contract ratification or a date mutually agreed upon]. This contingency will terminate at the above predetermined deadline unless the Purchaser (or Purchaser’s agent) delivers to the Seller (or Seller’s agent) a written contract addendum listing the specific existing deficiencies and corrections needed, together with a copy of the inspection and/or risk assessment report. The Seller may, at the Seller’s option, within _______ days after Delivery of the addendum, elect in writing whether to correct the condition(s) prior to settlement. If the Seller will correct the condition, the Seller shall furnish the Purchaser with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement. If the Seller does not elect to make the repairs, or if the Seller makes a counter-offer, the Purchaser shall have _______ days to respond to the counter-offer or remove this contingency and take the property in “as is” condition or this contract shall become void. The Purchaser may remove this contingency at any time without cause.

Consult with an attorney. Be sure to consult with an attorney concerning your rights, and the potential risks the church faces if lead-based paint is found on the property. This is very important if the church will be renting the property, or making it available as a parsonage.

2. Selling residential property. Church leaders should be certain that they are complying with the Residential Lead-Based Paint Hazard Reduction Act whenever the church is selling residential property constructed prior to 1978. Note the following:

Using a real estate agent. If the church will use a real estate agent in selling residential property, it is very likely that the agent will be familiar with the requirements of the Act and will help to ensure compliance. However, in some cases churches sell residential property without the assistance of a real estate agent. Under these circumstances it is much more likely that there will not be full compliance with the Act. If you are using an agent, be sure that the agent is familiar with the requirements of the Act and is complying with them.

Complying with the Act. Be sure that a real estate contract is used, and that it contains the information summarized above, including a lead warning statement, a statement disclosing any known lead-based paint or lead-based paint hazard, a 10-day right of inspection, a statement by the buyer affirming that he or she has received the lead warning statement; the seller’s statement disclosing the presence of any lead paint or lead-based paint hazards; and a lead hazard information pamphlet (the pamphlet may be the federal pamphlet entitled “Protect Your Family from Lead in Your Home” or a state-developed pamphlet that has been approved by EPA).

Consult with an attorney. Be sure to consult with an attorney concerning your responsibilities under the Act and the potential risks the church faces if it fails to comply.

3. Renting residential property. Church leaders should be certain that they are complying with the Residential Lead-Based Paint Hazard Reduction Act whenever the church is renting residential property constructed prior to 1978. It is important to note that the Act does not require lessors to remove lead-based paint from their property, or inspect their property for the existence of lead-based paint. Rather, they are only required to notify a lessee of any known lead-based paint or lead-based paint hazards on the property so that the lessee can make an informed decision regarding rental of the property and be alerted to any potential health problems in the future. Church leaders should consider the following precautions:

Using a real estate agent. If the church will use a real estate agent in renting church-owned residential property, it is very likely that the agent will be familiar with the requirements of the Act and will help to ensure compliance. However, in most cases churches rent their property without the assistance of a real estate agent. Under these circumstances it is much more likely that there will not be full compliance with the Act.

Complying with the Act. Be sure that a lease agreement is used, and that it contains the information summarized above, including a lead warning statement; a statement disclosing any known lead-based paint or lead-based paint hazard; a statement by the lessee affirming that he or she has received the lead warning statement, the lessor’s statement disclosing the presence of any lead paint or lead-based paint hazards, and a lead hazard information pamphlet (the pamphlet may be the federal pamphlet entitled “Protect Your Family from Lead in Your Home” or a state-developed pamphlet that has been approved by EPA).

Consult with an attorney. Be sure to consult with an attorney concerning your responsibilities under the Act, and the potential risks the church faces if it fails to comply.

Key point. You should consider complying with the Act when allowing a pastor to occupy a church-owned parsonage constructed prior to 1978. It is possible that a court would conclude that an oral or implied “lease agreement” did exist by which the pastor and his or her family were allowed to occupy the parsonage, on a rent-free basis, for such time as he or she served as pastor. Since this interpretation of the Act is certainly possible (and probably would be vigorously asserted by a plaintiff’s attorney), church leaders may wish to comply with the requirements that the Act imposes on lessors who lease target housing. An attorney should be consulted for a legal opinion. Note that compliance with these requirements is relatively simple, and would impose a minimal burden on a church in return for a significant reduction in risk.

4. Insurance. Discuss with your insurance agent the availability of insurance coverage in the event that the church is sued as a result of lead paint poisoning, or violating the Residential Lead-Based Paint Hazard Reduction Act.

5. Rental of church property by outside groups. Churches may be liable for lead-based paint poisoning when they rent non-residential church property to outside groups, such as a preschool or head start program. Be sure to check with your insurance agent about coverage for such a risk.

Example. A church leased a portion of its premises to another organization that conducted a head start preschool program. A minor child was injured when she ate lead-based paint while participating in the head start program. The minor and her mother sued the church, along with the head start provider. The church insisted that it could not be liable for the child’s poisoning since it had no notice of a lead paint condition on its premises until after the child left the head start program. A year after the child left the program, the department of health issued a notice of lead paint violations for certain parts of the building. A court refused to dismiss the church from the lawsuit. It noted that the notice from the department of health listed violations including peeling paint in two classrooms and a kitchen, and dust and dirt accumulating in various areas. The court stressed that “a standard higher than common law negligence applies here. Courts have repeatedly held that schools are subject to a higher standard of care [and] must exert the same [duty] of care and supervision over the pupils under [their] control as a reasonably prudent parent would exercise under the same circumstances …. A school owes a special duty to its students because, by taking compulsory custody over them, it temporarily deprives them of the protection of their parents and guardians.” The court concluded that the church, as a landlord, must ensure that “no defective conditions exist which harm the safety of the young children participating in the head start program …. [T]he existence of lead-based paint in nurseries, kindergartens and day care centers is hazardous to children. Indeed, because buildings containing kindergartens, nurseries and day care centers invariably house children, the landlords of these buildings should know that any lead paint problems are extremely dangerous. Given this, a reasonably prudent parent would abate any lead-based paint problems over which it had control. Because of the pervasiveness of the lead paint problem prior to 1960, if given notice of a peeling paint condition in a building containing his or her child and erected before 1960, a reasonably prudent parent would investigate to determine whether there is a lead paint condition. This is true even though laws were not in place regarding lead paint abatement in kindergartens and day care centers, as the issues surrounding lead paint poisoning had been sufficiently publicized to put the landlords of these establishments on notice. Therefore, this court holds that, in a building constructed prior to 1960 that houses a head start program, notice of a peeling paint condition in an area used by the children creates a rebuttable presumption that the landlord had notice of a lead paint hazard.” Espinal v. North Presbyterian Head Start Child Development Center, 667 N.Y.S.2d 223 (Sup. Ct. 1997).

6. State and local regulations. This article has addressed the federal Residential Lead-Based Paint Hazard Reduction Act. Many state and local governments have enacted their own regulations addressing lead-based paint hazards, and it is important for church leaders to consider the application of these additional regulations whenever they buy, sell, or lease property.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square