Delaware's newly enacted legislation mandates that, by July 1, 2028, all rental properties constructed before January 1, 1978, must be certified as either lead-free or lead-safe. This initiative aims to mitigate the risks associated with lead-based paint, a known health hazard, particularly for children.

Implications for Property Owners

Property owners are now responsible for:

• Certification: Obtaining a lead-free or lead-safe certification from a qualified inspector for each applicable rental unit.
• Disclosure: Providing tenants with the certification details, including the date and inspector's information, as part of the rental agreement.
• Recertification: Ensuring properties are recertified:
• Every four years for lead-safe properties.
• If a lead hazard is identified or a resident develops elevated blood lead levels.
• Tenant Accommodation: Offering alternative housing if a unit becomes uninhabitable due to lead remediation efforts.

Best Practices to Minimize Lead Paint Risks

For property owners aware of lead-based paint in their buildings, proactive measures can significantly reduce health risks and legal liabilities:

1. Conduct Professional Lead Inspections: Hire certified lead inspectors to assess the presence and condition of lead-based paint in your properties.
2. Implement Lead-Safe Work Practices: When performing renovations or repairs, ensure that contractors are trained in lead-safe work practices to prevent the spread of lead dust.
3. Regular Maintenance: Keep painted surfaces in good condition to prevent deterioration. Promptly address peeling or chipping paint.
4. Educate Tenants: Provide tenants with information about lead hazards and encourage them to report any deteriorating paint or maintenance issues promptly.
5. Stay Informed on Regulations: Keep up-to-date with federal, state, and local regulations regarding lead-based paint to ensure ongoing compliance.

Addressing Exposures with Pollution Insurance

To manage potential liabilities arising from lead-related issues, property owners should consider securing pollution liability insurance. This specialized coverage can:

• Cover Remediation Costs: Assist with expenses related to lead hazard abatement.
• Legal Protection: Provide defense and settlement funds if tenants file claims due to lead exposure.
• Business Continuity: Mitigate financial losses from temporary vacancies during remediation processes.

Given the stringent requirements and potential risks, consulting with an insurance professional to tailor a policy that aligns with these new regulations is advisable.