Frequently
Asked Questions
Here is our list of the top six questions
that property owners ask us:
1. Is lead really an issue?
Yes. In 2003 over a thousand
children were newly poisoned in Rhode
Island. Poisoning can cause life long
illnesses such as learning disabilities,
behavior problems and slow development.
The new law no longer allows owners to
claim ignorance over lead hazards in
their properties, however, owners that
have had their properties inspected and
insured will be protected in the event of
a lead poisoning incident.
2. Am I currently covered by my
insurance if someone gets lead poisoned
on my property?
You’ll need to talk this over
with your insurance agent. Current
policies vary. Some do exclude lead
poisoning liability. Under the new law,
you are guaranteed to have coverage
offered to you. The cost of that coverage
will depend on whether the property has
been inspected and the degree of
inspection.
3. Do I have to replace double hung
windows?
Not necessary, although many
landlords find replacement to be the most
cost effective approach. If there is lead
paint on older double hung windows, they
can be replaced, stripped of all paint,
or modified with non-painted tracks. The
friction of opening and closing the
window simply cannot create lead dust.
4. What if I can’t afford to
make repairs?
There are numerous programs
available to homeowners in need who
can’t afford to make the repairs
necessary to make an apartment safe.
Check with your town officials to find
out if your local government has a
program. Providence, Pawtucket,
Woonsocket, East Providence, and Warwick
are among those that do. Rhode Island
Housing also has programs available to
owners statewide. Many of these funds are
offered to property owners in low and
middle income ranges on very generous
repayment terms.
5. How often do I have to have the
property inspected?
When you pass a Conformance
Inspection, you receive a Certificate of
Conformance that is valid for two years.
Because lead paint can become dangerous
with normal wear and tear over time,
you’ll need to have the unit
reinspected at the two year anniversary
of the certificate.The good
news is that you can do it yourself, if
your tenants have not changed since the
first inspection. With long-term
tenants, you can self-certify your unit
by submitting an Affidavit of Visual
Inspection to the Housing Resources
Commission.
If
your tenants have changed since the last
inspection, you’ll need to hire a
lead inspector to recertify the apartment
with a Conformance Inspection and a new
Certificate of Conformance.
For
property owners who initially opt for a
comprehensive inspection that results in
a Lead Safe Certificate, an annual
inspection might be necessary. If there
are no signs of lead on the property (using
an XRF instrument), it is possible that
no further inspections will be necessary
to maintain a Lead Safe Status.
All
properties deemed Lead Free do not need
reinspection.
6. What if a hazard develops after a
property has been inspected?
The inspection process certifies
that the property was safe when the owner
delivered it to the tenant. If a hazard
develops after certification, it is the
tenant’s responsibility to notify
the owner in writing. The owner then has
30 days to have the hazard fixed safely.
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