Laws about prevention of lead exposure
Federal, state, and local laws require owners, property managers, contractors, and others to do certain things to decrease the number of children in the community who get sick from lead. These actions focus on housing built before 1978 because…
Federal law
The federal government passed a notification law to protect children from lead. The notification law is known as Title X and requires that property owners tell future buyers or renters of any known lead on the property and provide them with educational materials. This law does not require property owners to inspect for lead before renting or selling the property. The federal government requires identification and control of lead hazards in housing built before 1978 that receives federal assistance or that is owned by the federal government. The federal government also requires owners or managers of residential properties to provide educational materials to tenants before renovating or remodeling.
Federal law recommends all at-risk children be tested for lead in their blood (also called screening), and some states require all children to be screened for lead. All children receiving Medicaid are considered at-risk and must be screened for lead poisoning.
State and Local Law
In Illinois, lead hazard mitigation or abatement (contain lead hazards or completely remove the lead) is only required when a child has an elevated blood lead level. The child must have an elevated blood lead level before the state requires the landlord or homeowner to inspect the home and fix any lead hazards. Illinois also requires that all children between six months and six years who live in high-risk areas be screened for lead in their blood.
In Chicago, city inspectors may identify lead hazards and compel landlords to mitigate or abate even if no child with an elevated blood lead level lives there. All of Chicago is considered a high-risk area, and therefore, all children living in Chicago should have regular blood lead tests.
By passing ordinances that require housing to meet certain standards, the city of Chicago has tried to encourage homeowners to maintain their housing at a level where lead poisoning would be less likely. Unfortunately, much of the housing stock in Chicago, and in Illinois, was built before 1950 and is therefore at a much higher risk of containing lead-based paint.