The attorneys at the Atlanta law firm of Fowler, Hein, Cheatwood & Williams, P.A. assist apartment owners, management companies and landlords who are faced with the daunting task of dealing with state and local environmental agencies or the federal EPA. While claims of "toxic mold" is much in the news and is cause for concern, another issue most often faced in the apartment industry is that of lead-based paint.
Banned since 1978, lead-based paint was once commonly used for homes, offices, schools, public spaces — and apartment buildings. The addition of lead to paint helped speed drying time and added to its durability and fresh appearance. Lead is toxic, and is especially dangerous for young children. It has been linked to health problems from nervous system and kidney damage to delayed development, as well as reproductive problems in adult men and women.
Residential apartments built prior to 1978 may have lead paint contamination. As a manager, owner or landlord, you are required by law to disclose the presence of lead-based paint in all units and common areas. The penalties for failing to disclose are severe, and may include civil or even criminal penalties. If undisclosed lead contamination causes a tenant to suffer health problems caused by lead, they may be able to recover up to three times the damages. EPA audits for disclosure notice and record keeping compliance can be tremendously expensive.
Buildings that pre-date 1978 can be tested and certified as free of lead-based paint. But if they are not, you are required to:
To discuss your needs, please contact us online or call us at 404.633.5114.