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Beating Philadelphia Charges for Lead Paint Exposure Hazards
|Last Updated on: 5th December 2023, 08:31 pm
Beating Philadelphia Charges for Lead Paint Exposure Hazards
Lead paint exposure is a serious issue, especially in older cities like Philadelphia with lots of old housing stock. Children are particularly vulnerable to lead poisoning, which can cause permanent neurological damage and other health problems. However, as a property owner, you may find yourself facing charges related to lead paint hazards even if you weren’t aware of the issue or tried your best to address it.
Common Lead Paint Charges
There are a few common lead paint violations property owners may face in Philadelphia:
Lead Hazard Violation – Issued if a property has deteriorated lead paint, lead dust hazards, or disturbed lead paint without containment. Each affected room counts as a separate violation.
Failure to Disclose – Issued if a landlord does not disclose known lead hazards to tenants before leasing. Sellers who do not disclose are also subject to charges.
Failure to Obtain Inspection – Issued if a property owner does not get a lead inspection and provide a report before renting, selling, or renovating pre-1978 housing.
Obstruction – Issued if a property owner denies access to inspectors or interferes with their investigation.
Failure to Comply with Order – Issued if a property owner does not properly address lead hazards identified in an inspection report within the compliance deadline.
Penalties range from $300 per violation per day up to $2,000 per violation per day depending on the severity. Property owners may also be subject to lawsuits from tenants for lead poisoning injuries.
Fighting Lead Paint Charges
While lead paint charges should always be taken seriously, property owners do have legal rights and defenses. Here are some strategies to fight lead violation fines:
Prove Compliance – If you obtained proper lead inspections, made required disclosures, and addressed any hazards appropriately, make sure you have documentation to prove compliance. Receipts, inspection reports, and other records can help dismiss unfounded charges.
Challenge Test Results – Faulty lead testing procedures can produce inaccurate results. Retest samples at an independent lab to confirm if lead hazards actually exist on the property.
Dispute Hazard Determinations – Lead inspectors make judgment calls on what constitutes a deteriorated paint hazard. Consult with your own lead expert to see if violations were cited fairly and appropriately.
Claim Exemption – Certain properties may be exempt from lead rules like those with no children under 6 residing in them. File for an exemption if applicable.
Cite Mitigating Factors – You may be able to reduce fines by showing good faith efforts to address lead issues like hiring a certified lead contractor to make repairs.
Request a Settlement – The city may agree to lower penalties or create a payment plan if you show an inability to pay the full fine amount.
Challenge Constitutionality – Lead paint rules that impose excessive fines without proving harm may be unconstitutional. Consult a lawyer about fighting fines on constitutional grounds.
The best defense is compliance, but even responsible property owners can end up facing unfair or excessive lead paint charges in Philadelphia. With the help of a knowledgeable legal advocate, you can beat these fines and protect your rights as a property owner. Don’t let lead paint violations bankrupt your business – fight back.
Finding Legal Help
If you’ve been cited for lead paint hazards in Philadelphia, don’t go it alone. Partner with an experienced real estate or landlord-tenant attorney to craft the strongest defense. Look for lawyers with specific experience dealing with lead paint cases in Philadelphia Housing Court. They will know all the nuances of local lead rules, common violations, and defense strategies.
Ask friends for referrals or search lawyer directories from the Philadelphia Bar Association, NOLO, or Avvo. Schedule consultations to find the best legal fit for your needs and budget. Many lawyers offer flat fees for handling lead violation cases. Don’t wait – the sooner you start fighting lead paint charges, the better your chances of success.
With smart legal representation and persistence, you can achieve the best possible outcome and avoid harsh penalties. Don’t let unfair lead paint citations tarnish your reputation or bottom line. Take a stand for your rights as a Philadelphia property owner. The law is on your side.