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§ 6-803. Lead Disclosure Obligation.

(1) Before any buyer is obligated under any contract to purchase residential housing constructed prior to 1978, the seller shall disclose the absence or presence of lead-based paint or lead-based paint hazards. This disclosure shall take one of the two following forms:

(a) the production of the results of a comprehensive lead inspection and risk assessment by a certified lead inspector; or

(b) provision of a multi-lingual form provided by the Philadelphia Department of Public Health containing the following statement:

"The Philadelphia Department of Public Health has determined that most housing built in Philadelphia before 1978 contains dangerous lead paint. This property was built before 1978. Therefore, without a comprehensive lead inspection, conducted by a certified lead inspector, showing there is no lead paint or there are no lead-based paint hazards, you can assume that this property likely contains lead-based paint."

(2) Before any buyer is obligated under any contract to purchase residential housing constructed prior to 1978, the seller is also required to provide the buyer with a lead hazard information pamphlet as prescribed or approved by the Philadelphia Department of Public Health.

(3) Rental Protections.

(a) No lessor shall enter into a lease agreement with a lessee, other than a renewal lease, to rent any Targeted Housing, or a unit in such Targeted Housing, unless (.1) he or she provides the lessee with a valid certification prepared by a certified lead inspector stating that the property is either lead free or lead safe; and (.2) the lessee acknowledges receipt of the certification by signing a copy.

(a.1) No lessor shall enter into a lease agreement with a lessee to rent any residential housing unless (.1) the lessor provides the lessee with a current pamphlet produced by the City that describes best practices for reducing the risk of lead exposure from lead service lines and lead plumbing components; and (.2) the lessor discloses to the lessee the existence of any known lead service line.

(b) A valid certification that a property is lead safe under this section shall state that the certified lead inspector determined that the property or unit was free of any Deteriorated Paint, and that interior dust samples were collected in compliance with EPA regulations, including 40 C.F.R. § 745.227 and any amendments or successor regulations, were tested and were found not to contain Lead-Contaminated Dust as defined in this Chapter. Additional statements or test results are not required. Any corrective action taken in order to qualify the property for such certification shall be performed in compliance with applicable laws.

(c) Upon entering into a lease agreement for Targeted Housing, the lessor shall (.1) provide a copy of the signed certification to the Department of Public Health; and (.2) provide to the tenant, in addition to any written notifications required by applicable laws, a written notification advising the tenant to perform a visual inspection of all painted surfaces periodically during the term of the lease, and advising that the tenant may inform the lessor of any cracked, flaking, chipping, peeling, or otherwise deteriorated paint surfaces. Upon receipt of any such tenant notification the lessor shall promptly inspect and correct any defective conditions as required by section PM-305.3 of the Philadelphia Property Maintenance Code and in compliance with other applicable laws.

(d) Upon a City inspection for lead safety at any property rented by a lessor for which a lessor has not provided the lessee the certification required in this section, the lessor shall be liable to the City for the costs of such inspection.

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