Landlords are required to make certain disclosures to their tenants. These disclosure requirements are imposed by federal, state, and even some local laws as part of a network of regulations that protect a tenant’s rights, health, and well-being. Often, the absence of that little piece of paper indicates a much more serious situation. If your landlord has been negligent or, even worse, purposefully withheld information from you, it is vital to seek the advice of a San Francisco tenant lawyer who can help hold your landlord responsible.
Federal Lead Paint Disclosure
One of the most important disclosures that a landlord is required to make involves the presence of lead-based paint. This disclosure is required by federal law under the Residential Lead-Based Paint Hazard Reduction Act, which requires individuals attempting to rent or sell a structure built before 1978 to disclose the possibility of lead-based paint hazards. In particular, landlords and sellers must provide each potential buyer or renter with a pamphlet approved by the Environmental Protection Agency (EPA). The pamphlet offers tips to renters to help counter the effects of lead exposure, such as keeping play areas clean, restraining children from chewing painted surfaces, and cleaning up any paint chips immediately.
A failure to disclose lead-based paint hazards can have devastating consequences for renters with children, as exposure can cause irreparable damage to the brain and nervous system. The EPA is authorized to inspect housing built before 1978 and to bring civil claims against those who do not comply with the law. Even when landlords can prove that their property is lead-based paint free, they can still be fined for not making the required disclosures.
Penalties can be severe, including expensive fines and in some cases, even criminal charges. Landlords who knowingly violate the rule can face the following penalties:
- Up to one year in prison;
- A maximum criminal fine of $25,000 for each day of the violation;
- A maximum fine of $100,000 for a single violation that did not result in death; and
- Fines of up to $200,000 per count.
When determining the penalty, the EPA considers both the nature of the violation and the extent and gravity of the harm. For example, when children or pregnant women are negatively affected, the EPA is more likely to increase the fine. Furthermore, tenants may be able to hold their landlords accountable if they were injured as a result of a willful failure to warn of possible health risks.
State Mandated Disclosures
In addition to disclosing information about lead-based paint, California also requires landlords to provide a number of state-specific disclosures, including:
- Information concerning the sex offender registry;
- Whether the tenant is paying for gas and electric services that are shared with other units or common areas, and how costs will be allocated;
- Whether there are any known federal or state weapons storage locations within one mile of the property;
- Whether mold exceeds exposure limits or poses a health threat;
- Information concerning pest control service, such as the active ingredients in the pesticides, warnings of toxicity, and the frequency of service;
- Any intention to demolish the rental unit;
- Details describing any smoking limitations; and
- Whether the current tenants have received a notice of default that has not been rescinded.
Local Disclosures
Many of the cities in the Bay Area have their own rent ordinances that require additional disclosures by landlords to tenants.
Most locations covered by rent control ordinances, including Berkeley, Oakland, and East Palo Alto, require the landlord to disclose compliance with and/or coverage by the ordinance.
San Francisco also requires disclosures in the following additional circumstances:
- Before selling a property covered by the Rent Ordinance, the seller must make disclosures to the tenants concerning the tenants’ rights before and after sale of the property;
- After a property has been sold, the new owner must make disclosures to the tenants concerning the tenants’ rights after the sale of the property; and
- Before beginning buyout negotiations.
Contact a Dedicated San Francisco Tenant Lawyer Today
A landlord’s failure to disclose health risks, such as the presence of toxic mold or lead-based paint, can take a heavy physical and financial toll on families. Fortunately, victims can obtain compensation for the harm they suffered, so if you live in the San Francisco, Berkeley, or Oakland areas and your landlord failed to disclose potential health risks on the property before you signed the lease, please contact the San Francisco tenant lawyers at Elke & Merchant LLP by calling (415) 294-4111 and we will help you schedule a free consultation.