2970 Clairmont Road, Suite 220
Atlanta, GA 30329-4414

Attorneys Helping Apartment Owners and Managers with Environmental Matters

Compliance counsel and legal representation in environmental issues

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.

About 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:

  • Provide tenants with an EPA-approved informational pamphlet titled "Protect Your Family from Lead in Your Home"
  • When remodeling an older building, it is required that contractors and builders comply with the EPA's new lead paint safety requirements and provide the EPA-approved pamphlet titled “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools”
  • Disclose information concerning lead-based paint or lead hazards, including the location and condition of the painted areas
  • Provide all available records and reports on lead hazards in all units, as well as all common areas
  • Include a Lead Warning Statement in the lease, or as an attachment to the lease, which must be signed and dated by the tenant, the landlord, and any and all agents.

Contact our AV-rated law firm for legal counsel and representation in environmental matters

To discuss your needs, please contact us online or call us at 404.633.5114.

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