Lead paint is a serious health hazard, especially for young children. Chicago has specific requirements for lead inspections, disclosure, and remediation in rental properties. Buildings constructed before 1978 are most likely to contain lead-based paint, and landlords have legal obligations to address lead hazards.
Under federal law (the Residential Lead-Based Paint Hazard Reduction Act), landlords of pre-1978 buildings must disclose any known lead paint hazards before leasing a unit and provide tenants with the EPA pamphlet 'Protect Your Family from Lead in Your Home.' Chicago's Lead Poisoning Prevention Ordinance adds local requirements, including mandatory inspections and remediation when lead hazards are identified, particularly in units where children under six reside.
The Chicago Department of Public Health (CDPH) Lead Poisoning Prevention Program conducts inspections when a child is identified with elevated blood lead levels. CDPH can also inspect upon tenant complaint. If lead hazards are found, the landlord is ordered to remediate them within a specified timeframe. Tenants can request that CDPH inspect their unit if they suspect lead paint hazards, especially in older buildings with peeling or chipping paint.
Landlords must maintain painted surfaces in good condition to prevent lead paint from deteriorating. When paint is peeling, chipping, or chalking in a pre-1978 building, the landlord must address it promptly using lead-safe work practices. Landlords who perform renovation, repair, or painting work in pre-1978 buildings must follow EPA Renovation, Repair, and Painting (RRP) rule requirements, including using certified contractors.
Tenants who discover lead paint hazards should notify their landlord in writing and contact CDPH. If the landlord fails to remediate, tenants can file a complaint with CDPH and may have remedies under the RLTO for failure to maintain habitable conditions. Tenants may also have a legal claim for damages if they or their children suffer health effects from lead exposure. Free lead testing for children is available through CDPH and local clinics.
2 questions answered
Yes. Federal law requires landlords of pre-1978 buildings to disclose known lead hazards before you sign a lease. Chicago's ordinance adds further requirements for buildings where children under 6 live.
Contact CDPH at (312) 747-LEAD to request an inspection. If a hazard is confirmed, your landlord is required to remediate it. You can also ask your landlord to provide any existing lead inspection reports.
This guide is for informational purposes only and is not legal advice. For advice specific to your situation, contact a qualified attorney or one of the free legal services listed above.