Lead Paint and Asbestos: Tenant Rights in Older California Rentals

California Tenant Defense System | Justice Foundation

Millions of California rental units were built before 1978, when lead paint was banned, or before 1981, when asbestos use in construction was restricted. Tenants in older buildings have specific rights regarding disclosure of these hazards, and landlords have specific obligations to address them that go beyond ordinary habitability requirements.

Lead Paint Disclosure Requirements

Federal law (the Residential Lead-Based Paint Hazard Reduction Act) requires landlords to disclose known lead paint hazards in residential units built before 1978 before a lease is signed. The disclosure must include: any known lead-based paint or hazards in the unit, a copy of any available lead paint inspection reports, and the EPA’s “Protect Your Family from Lead in Your Home” pamphlet. Failure to provide required lead disclosures exposes the landlord to substantial federal penalties and civil liability for any lead-related health harm.

When Lead Paint Becomes a Habitability Issue

Intact lead paint that isn’t being disturbed generally does not constitute a habitability violation. But deteriorating lead paint — peeling, chipping, or flaking — is a habitability hazard, particularly in units with young children. California’s Childhood Lead Poisoning Prevention Act imposes specific obligations on landlords of units where a child under 6 resides. Deteriorating lead paint in such units must be disclosed, addressed, and corrected according to California Department of Public Health standards.

Asbestos in Your Rental

Asbestos was commonly used in insulation, floor tiles, ceiling tiles, and pipe wrapping in buildings constructed before the 1980s. Undisturbed asbestos generally poses minimal health risk. Disturbed or friable asbestos — asbestos that is crumbling, damaged, or being demolished — releases fibers that cause mesothelioma and other serious conditions. Before any renovation or repair work in an older building, federal and state law require testing for asbestos and specific abatement procedures if asbestos is found. A landlord who conducts renovation work disturbing asbestos without proper abatement is violating federal environmental law and creating a habitability hazard. The Justice Foundation kit covers lead and asbestos disclosure rights, habitability claims for deteriorating hazardous materials, and resources for testing and remediation.