New Lead Law Affecting Illinois Landlords

In August 2016, Illinois passed amendments to the Illinois Lead Poisoning Prevention Act that affect landlords. Most landlords are aware of the federal law requiring landlords of residential rentals built prior to 1978 to disclose information (reports, pamphlets, etc.) of potential lead-based hazards in their real estate. However, many Illinois landlords are unaware of their obligation, under the Illinois Poisoning Prevention Act. The new amendments deal with mitigation notices for lead paint hazards in an Illinois rental building governed by the law.

Richard Magnone recently posted a very informative article on pertaining to this new amendments. He explains that the new amendment went into effect January 1, 2017 which states a landlord receiving a mitigation notice is subject to certain disclosure requirements. If a residential landlord receives a mitigation notice under the act, the landlord needs to make certain disclosures before the renewal of the existing lease agreement. The landlord must provide the current tenants, if the lease is to be renewed, with written notice that a lead hazard has previously been identified in the dwelling unit, unless the landlord has obtained a certificate of compliance. An owner will satisfy the notice requirement by providing the tenant with a copy of the mitigation notice and inspection report. And before entering into a new lease, a residential landlord who receives a mitigation notice must mitigate the lead hazard and obtain a certificate of compliance pursuant to the Act.

Finally, the Act requires a landlord, who has received a mitigation notice, to post a specific notice in common areas of the building.

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Categories: Advisory

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