Common Conditions FAQ: What Can I Do if There's High Lead Exposure in the Unit?
Lead is a highly toxic metal and can be found in old homes and products. It can cause serious health problems, especially in young children and pregnant women. Here are several options to safeguard health if you suspect high lead exposure in your home:
- Get Your Child Tested: Talk with your child’s doctor about a simple blood lead test.
- Consult Your Doctor: If you are pregnant or nursing, talk with your doctor about potential lead exposure risks and steps you can take to protect yourself and your baby.
- Check Your Home: If the building was built before 1978, contact the local health department to test paint and dust for lead. Older homes might have lead-based paint, a common source of exposure. Also, remove recalled toys and toy jewelry from children and discard them as appropriate. Stay up-to-date on current recalls by visiting the Consumer Product Safety Commission’s website.
- Know Your Rights: If lead exposure threatens health and safety, tenants protected by the Evanston Residential Landlord and Tenant Ordinance may withhold a portion of rent after delivering a 14-day written notice or terminate the lease after sending a 30-day written notice. The landlord cannot evict a tenant for withholding some rent because of lead. 410 ILCS 45/10.
- Reach Out for Help: The Evanston Health & Human Services Department works to provide free lead hazard removal for certain qualified residents. and address exposure to lead hazards.
- Understand State Regulations: In Illinois, doctors must report high blood lead test results within 48 hours to the Illinois Department of Public Health (IDPH). 410 ILCS 45/7.
- IDPH should inspect homes at reasonable times to see if there are any lead-bearing substances. 410 ILCS 45/8.
- If IDPH finds hazards, IDPH issues a mitigation notice to the landlord with a 30-day deadline when there’s a pregnant person or a child under 6 years old with elevated blood lead levels. Otherwise, they have 90 days. 410 ILCS 45/9.
- The landlord needs to post a notice that there was at least one unit found with lead hazards and keep it until mitigation is done. 410 ILCS 45/9.4.
- The State’s Attorney can charge the landlord with a misdemeanor or felony. 410 ILCS 45/12.2.
In the face of lead exposure concerns, your family’s health and well-being are top priorities. Don’t hesitate to reach out to health departments or authorities for help.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.