Lead Paint Report from Local Government

[Gusatvus Johnson]

I am under contract to buy a multifamily. A previous tenant reported the property to the local government about six months ago for possible lead paint. The government agency sent in a lead inspector, who wrote a long report detailing where he found lead paint, and where he "assumes" there to be lead. I was given a copy of the report before I made an offer on the house.

I've spoken to the government agency about the report, but have not gotten a clear answer as to what I am legally required to do after I purchase the property to abate the lead paint. They said that they can't prevent me from renting the unit even if I don't abate the lead immediately, but it's unclear what would happen if I refused to abate it in the way the report wants.

For the record, I'm not looking to be a slumlord who knowingly rents houses covered in lead paint. My concern is that the report that the government did was over-the-top; all of the lead-painted surfaces in the house have been covered with latex paint and are not chipping, but the report still makes an issue of them. In addition, many of the areas that the report requires to be abated were not actually tested; the report just says that they are "assumed" to contain lead based on similarity in appearance to other areas that were tested. And the government wants the entire exterior of the house stripped and repainted, even though it is already covered in latex paint. (It has a layer of lead paint underneath that but the latex paint is generally in good condition, so only a tiny fraction of the lead on the exterior is exposed.) There are quite honestly many other houses in this city that have more serious lead paint issues -- paint that is actually chipping and falling all over sidewalks, etc. -- but the government has not issues with them, because no one has reported them.

I am perfectly willing to abate lead where it is a legitimate concern, but some of the stuff the report brings up is kind of outrageous, and doing everything the way the government wants will cost $22k (I got an estimate from a professional certified to do lead abatement).

I know no one can tell what the exact rules are in my local area, but I'm curious if anyone has ever been in a similar boat -- had a tenant get a government agency to inspect a house for lead, or dealt generally with HUD's lead abatement requirements (which are what my local government's rules are based on). What are the consequences of not following HUD's recommendations to the letter? Are there processes for disputing a government agency's lead paint report or get another professional assessment? Do I need to disclose anything to future tenants apart from my state's basic lead paint disclosure form, which I always give to tenants in houses built before 1978?

By the way, I'm buying the house as-is, so getting the seller to deal with the lead paint is not an option. And as noted above, I knew going in that there was lead paint, but I didn't know how expensive it was to deal with. (I figured about $5k, which is what a standard paint job would cost at a property this size, not the $22k that the guy with an EPA certification wants to charge.)