NH Law About... Lead Paint & Renting

Introduction to... Lead Paint & Renting

Posted June 27, 2013. Revised July 28, 2014. Reviewed September 9, 2016.

The EPA’s real estate disclosure page explains the federal lead-based paint real estate disclosure requirements for homebuyers, renters, property managers and landlords, real estate agents, and home sellers. The NH Healthy Homes and Lead Poisoning Prevention Program page discusses lead exposure hazards, the NH lead paint prevention statute, and links to forms and information on lead risk assessors and inspectors. Also included is a link to an example of a local lead paint ordinance (in this case, Manchester’s). Most towns and cities have their ordinances online; if they don’t, contact the town offices.

You may be not be familiar with the American Law Reports (ALR) (see below). They are a type of legal encyclopedia and provide explanations and analyses of court cases as well as cites to cases, statutes and regulations. The ALRs are not available online for free but specific articles are available from the law library through document delivery. The “Landlord's Lead Paint Liability” (19 ALR5th 351) article collects and discusses cases which address a landlord's liability for the injury or death to a child resulting from lead paint poisoning.

The “Read About …” section of this guide refers to resources about the law and will provide context and key terms. “Read the Law …” links to selected law on lead paint and renting and should be used as a jumping off point for further research. “For More Help…” provides links to legal information programs, libraries, and legal assistance.

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.


Read about... Lead Paint & Renting

WEBSITES

New Hampshire. Dept. of Health and Human Services. Healthy Homes and Lead Poisoning Prevention Program. Property Owners, Parents, and Tenants

Link verified on: September 9, 2016

"Formal efforts for the control of childhood lead poisoning in New Hampshire began with the adoption of RSA 130-A (Lead Paint Prevention and Control Act of 1993). This statute provides the DPHS with the authority to inspect rental dwelling units and licensed child care facilities for the presence of lead exposure hazards when a child less than six years of age, has a venous blood lead level of 10mcg/dL or higher."   GO>

New Hampshire. Dept. of Health and Human Services. Division of Public Health Services. Health Officers Manual, Lead Poisoning, Sept. 2011.

Link verified on: September 9, 2016

"According to RSA 130-A, the state of New Hampshire is responsible for issuing Orders of Lead Hazard Reduction in towns or cities. State law does provide for municipalities to adopt RSA 130-A, which then allows them to assume full and sole legal authority to enforce the provisions of RSA130-A, except for matters pertaining to licensure and certification of lead hazard reduction professionals and businesses."   GO>

United States. Environmental Protection Agency. Lead. Real Estate Disclosure

Link verified on: September 9, 2016

"Many homes and condominiums built before 1978 have lead-based paint. Paint that has chipped or is deteriorating, or on surfaces that rub together such as windows and doors, creates lead dust which can pose serious health hazards to occupants and visitors. Homebuyers and renters have important rights to know about whether lead is present -- before signing contracts or leases."   GO>


PRINT

Residential landlord and tenant law in New Hampshire / prepared by Fred K. Mayer III , Brian C. Shaughnessy. Eau Claire, WI : Lorman Education Services, c2014.

The eviction process -- The security deposit statute -- Leases -- Ethical considerations -- Collecting rent -- Prohibited practices in residential tenancies -- Residential landlord and tenant law.   GO>

Link verified on: March 24, 2017

19 A.L.R.5th 351. Landlord's Lead Paint Liability  GO>

Link verified on: September 9, 2016

Lead Regulation Handbook by Edward E. Shea. 2nd ed. 2007.

Presents an overview of the laws, regulations and court decisions applicable to regulation of lead and its compounds and alloys.   GO>

Link verified on: September 9, 2016

The lawyer's guide to lead paint, asbestos, and Chinese drywall litigation / Alan Kaminsky and Karen L. Campbell, editors. Chicago : American Bar Association, c2010.  GO>

Link verified on: September 9, 2016

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Read the law about... Lead Paint & Renting

NEW HAMPSHIRE STATUTES

RSA 130-A. Lead Paint Poisoning Prevention and Control  GO>

Link verified on: March 24, 2017

RSA 141-A. Critical Health Problems Reporting Act.  GO>

Link verified on: September 9, 2016

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: March 24, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE REGULATIONS

He-P 1600. Lead Poisoning Prevention and Control Rules. NH Dept. of Health and Human Services   GO>

Link verified on: September 9, 2016


FEDERAL STATUTES

United States. Environmental Protection Agency. Lead Laws

Link verified on: September 9, 2016

"Lead is a pollutant regulated by many laws administered by EPA, including the Toxic Substances Control Act (TSCA), Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), Clean Air Act (CAA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) among others."   GO>


FEDERAL REGULATIONS

United States. Environmental Protection Agency. Lead Regulations

Link verified on: September 9, 2016

Learn about regulations that concern: lead in paint, dust and soil, lead in water, lead in air, lead waste and cleanup.   GO>


LOCAL ORDINANCES

City of Manchester, NH. Code of Ordinances Chapter 91: Health and Sanitation. 91.20-91.23. Lead Poisoning Prevention

Link verified on: September 9, 2016

An example of one New Hampshire city's ordinance on lead paint.   GO>


FOR MORE HELP ...

Lawyer Referral Service of the New Hampshire Bar Association.

Link verified on: March 16, 2017

Contact the Lawyer Referral Service at (603) 229-0002, or submit an online referral request. Office hours are Monday through Thursday, 9:00 AM to 4:30 PM, and 9:00AM to 3:00 PM on Fridays.   GO>

New Hampshire Law Library

Link verified on: March 24, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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