"Protect Your Family From Lead in Your Home"
Sec. 1. Short title. This Act may be cited as the Lead Poisoning Prevention Act.
Sec. 9.1. Owner's obligation to give notice. An owner of a dwelling
unit or residential building who has received a mitigation notice under
Section 9 of this Act shall, before entering into a lease agreement for
the dwelling unit for which the mitigation notice was issued, provide
prospective lessees of that unit with written notice that a lead hazard
has previously been identified in the dwelling unit, unless the owner
has obtained a certificate of compliance for the unit under Section 9.
An owner may satisfy this notice requirement by providing the
prospective lessee with a copy of the inspection report prepared
pursuant to Section 9.
Before entering into a residential lease agreement, all owners of
residential buildings or dwelling units built before 1978 shall give
prospective lessees information on the potential health hazards posed
by lead in residential dwellings by providing the prospective lessee
with a copy of an informational brochure prepared by the Department.
Within one year of the effective date of this amendatory Act of 1992,
owners of residential buildings or dwelling units built before 1978
shall provide current lessees with such brochure.
Sec. 10. The Department, or representative of a unit of local
government or health department approved by the Department for this
purpose, shall report any violation of this Act to the State's Attorney
of the county in which the dwelling is located, who has then the
authority to charge the owner with Class A misdemeanor, and who shall
take additional measures to insure that rent is withheld from the owner
by the occupants of the dwelling or dwelling units affected, until the
mitigation requirements under Section 9 of this Act are complied with.
No tenant shall be evicted because an individual with an elevated
blood lead level or with suspected lead poisoning resides in the
dwelling unit, or because rent is withheld under the provisions of this
Act, or because of any action required of the dwelling owner as a result
of enforcement of this Act.
In cases where no action is taken which will result in the remedy of
the hazard created by the lead-bearing substances within the stated time
period, the local health officer and the local building officials may as
practical utilize such community resources as are available to effect
the relocation of the individuals who occupied the dwelling or dwelling
unit affected until the remedy is made by the owner.
