Lead Inspections Required For Philly Landlords

Philadelphia mandates landlords test for lead

Last week, Philadelphia became the largest city in the United States to require landlords to test all rental properties built before 1978 for lead every four years.

Previous regulations required inspections only for landlords renting properties built before 1978 to families with children 6 years old or younger. However, studies showed that the old regulation was rarely followed – approximately 25% of the required units were inspected. However, in 2018, 1,568 children are being poisoned by lead in the City of Philadelphia.

The new requirement is intended to have universal compliance with the lead inspection by requiring all landlords (not just those renting to tenants with children under 6) and tying the inspection to obtaining a rental license.

The bill can be read in its entirety here. It is expected to be signed by Mayor Kenney, a vocal supporter of the bill.

So now what?

The new bill ties the lead paint inspection to a rental license. The specific compliance requirements and forms are forthcoming from the city.

The legislation also includes landlord rights to enter the property for inspection. Landlords should review their leases to ensure their right to enter is broad enough to cover this new inspection. This requirement is not waivable by the tenants – so don’t try.

The ordinance goes into effect October 1, 2020.

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A shimmer of good news for landlords?

Just before the bill passed, Republican Councilmember at-large David Oh introduced a new bill aimed at providing a tax rebate to landlords who get their properties fully remediated for lead safety hazards. If a property is fully remediated, a landlord does not need to get the regular inspections anymore.

The debate among council members on this new bill has already begun. Some council members believe that the rebate should only apply to low-income landlords. Discussions also surrounded whether the rebate would be for 100% of the remediation costs. The debate on how to balance protecting low-income landlords and avoiding effectively passing on the cost of remediation to taxpayers is the next battleground.

If you have questions about this new requirement or any other regulation affecting landlords, give us at call: 856-528-9195.