Toledo REIA Lead Law

3 Replies | Toledo, Ohio

I've been getting email from Toledo REIA regarding how all "rental" homes need to be in compliance with lead. What does this mean for rentals in Toledo?

This legislation will require:

“the presence of deteriorated paint, which may contain lead, on the interior and exterior of pre-1978 residential structures and on bare soil be identified and correctly addressed.”

“No owner, agent, real estate agent or broker, company, or any person or persons shall rent, lease, let, mortgage with right of occupancy, or otherwise allow the occupancy of any residential rental property constructed prior to 1978, unless a lead-safe certificate has been issued for the property.”

The Director of the Toledo Lucas County Health Department shall issue a “Lead-Safe Certificate” upon the filing of all of the following with the Toledo Lucas County Health Department:

o A completed application for a “lead-Safe Certificate” to include the name, address, and telephone number of the Owner or the Owner’s agent of the residential rental property and the number of rental units at the address.

o A lead-safe report issued by a local lead inspector, who has completed a local lead inspection in compliance with the requirements of this Chapter.

o A filing fee of $45 (per unit)

The lead-safe certificate shall expire from the date of issuance by the Director as follows:

o Four (4) years from the date of issuance by the Director; or

o If the residential rental property has undergone lead abatement, designed for the single purpose of permanently eliminating lead hazards consistent with the provisions of Ohio law.

Local Lead Inspection means an inspection that includes a visual assessment of a residential rental property, followed by the collection of environmental samples to determine the presences of presumed lead hazards. When performing a local lead inspection in residential units, the local lead inspector shall do all of the following:

o Perform a visual assessment in the residential rental property to identify all deteriorated paint, visible dust, paint chips, debris, or residue. For exterior areas, visually inspect that bare soil within 3 feet surrounding the perimeter of a building on the property has been covered, enclosures have been installed properly and painted surfaces have been properly sealed.

o Following a visual assessment, a dust sample shall be collected from a floor, and if present, window sill and window trough in no fewer and four separate rooms. A minimum of twelve samples shall be collected unless the Residential Rental property contains less than four rooms, in which case a dust sample shall be collected from a floor, window sill and window trough, from each room.

Fines for non-compliance

o After 365 days have passed from the effective date of this Chapter, anyone in violation of section 1760.02 shall be subject to a fifty dollar ($50) per day administrative penalty per dwelling unit with a maximum penalty of ten thousand dollars ($10,000) per year per dwelling unit.

Originally posted by @Stone Jin :

I've been getting email from Toledo REIA regarding how all "rental" homes need to be in compliance with lead. What does this mean for rentals in Toledo?

This legislation will require:

“the presence of deteriorated paint, which may contain lead, on the interior and exterior of pre-1978 residential structures and on bare soil be identified and correctly addressed.”

“No owner, agent, real estate agent or broker, company, or any person or persons shall rent, lease, let, mortgage with right of occupancy, or otherwise allow the occupancy of any residential rental property constructed prior to 1978, unless a lead-safe certificate has been issued for the property.”

The Director of the Toledo Lucas County Health Department shall issue a “Lead-Safe Certificate” upon the filing of all of the following with the Toledo Lucas County Health Department:

o A completed application for a “lead-Safe Certificate” to include the name, address, and telephone number of the Owner or the Owner’s agent of the residential rental property and the number of rental units at the address.

o A lead-safe report issued by a local lead inspector, who has completed a local lead inspection in compliance with the requirements of this Chapter.

o A filing fee of $45 (per unit)

The lead-safe certificate shall expire from the date of issuance by the Director as follows:

o Four (4) years from the date of issuance by the Director; or

o If the residential rental property has undergone lead abatement, designed for the single purpose of permanently eliminating lead hazards consistent with the provisions of Ohio law.

Local Lead Inspection means an inspection that includes a visual assessment of a residential rental property, followed by the collection of environmental samples to determine the presences of presumed lead hazards. When performing a local lead inspection in residential units, the local lead inspector shall do all of the following:

o Perform a visual assessment in the residential rental property to identify all deteriorated paint, visible dust, paint chips, debris, or residue. For exterior areas, visually inspect that bare soil within 3 feet surrounding the perimeter of a building on the property has been covered, enclosures have been installed properly and painted surfaces have been properly sealed.

o Following a visual assessment, a dust sample shall be collected from a floor, and if present, window sill and window trough in no fewer and four separate rooms. A minimum of twelve samples shall be collected unless the Residential Rental property contains less than four rooms, in which case a dust sample shall be collected from a floor, window sill and window trough, from each room.

Fines for non-compliance

o After 365 days have passed from the effective date of this Chapter, anyone in violation of section 1760.02 shall be subject to a fifty dollar ($50) per day administrative penalty per dwelling unit with a maximum penalty of ten thousand dollars ($10,000) per year per dwelling unit.

Just got that email come in also and getting my team to review it. Not sure at this stage but it's a funny timing as we just opened up our property management doors to everyone and anyone and not just our in house investors - https://www.biggerpockets.com/forums/517/topics/319208-does-your-property-manager-suck

Thanks for posting

I'm personally fine with the city testing my properties. I've had these tests done before and as long as your property is properly maintained it should be fine. 

My concern is how is this going to effect turnovers? I assume existing leases will be grandfathered (just an assumption). But does this mean I'm going to have to wait for an inspection  before I can re-rent? Or worse, are we going to all be handcuffed for years while the city tries to inspect all of the properties that have never before been inspected?

With that said the city made a big deal a few years ago about us registering all of our properties. I complied, but in all honesty I've since forgotten about it as we don't hear about it at all anymore. My guess is the city forgot about it too. I suspect the same will happen with this.

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Toledo, Ohio Lead Ordinance Compliance: 9/17/17 Why this date is important?

As of right now, this is the compliance date deadline. However, what does it mean?

When the property is inspected before this date, if it fails either the visual inspection or any of the dust wipe tests, the property will not be subject to a $50 A DAY FINE.

After this date, the fine will be added up each day starting on the first day of the inspection. For example, if an inspection is scheduled on 9/18/17 and failed, while the property owner is trying to fix the violations or re-clean the failed dust wipe areas, the $50 a day fine is accumulating.

Adam Atassi