§ 42-3271 — Lead plumbing tenant disclosure requirements.

District of Columbia § 42-3271

• Jurisdiction: District of Columbia
• Title 42: Real Property.
• Ch. 32B: Lead Plumbing Disclosure Requirements by Dwelling Unit Owners.

Text

(a) The owner of a dwelling unit shall provide a tenant, before the tenant is obligated under any contract to lease or renew the lease of the dwelling unit, the lead disclosure form provided by the Mayor pursuant to subsection (c) of this section, complete with any information that the owner knows about the following:

(1) The results of any lead tests conducted on the water supply of the property or dwelling unit;

(2) Lead-bearing plumbing, including a lead water service line serving the dwelling unit;

(3) Whether the portion of the lead water service line on private property, and the portion of the lead water service line on public property, that serves the property in which the dwelling unit is located has been replaced, and if so, the date of the replacement;

(4) Civil fines, penalties, and fees imposed on the owner as sanctions for any infraction of the provisions of this section; and

(5) Inclusion on the DC Water website as a property with lead water service lines.

(b) If the owner of the dwelling unit learns of the presence of lead-bearing plumbing or lead service lines serving a dwelling unit, the owner of the dwelling unit shall:

(1) Notify the tenant of the presence of the lead-bearing plumbing or lead service lines within 48 hours after discovering its presence; and

(2) Provide the tenant or owner-occupant with a completed disclosure form provided by the Mayor pursuant to subsection (c) of this section.

(c) Within 90 days after March 13, 2019, the Mayor shall make public a lead disclosure form, which shall include:

(1) Spaces for owners to disclose the information required in subsection (a) of this section;

(2) A lead-in-water warning statement that:

(A) Residential dwellings built before 1986 are presumed to have lead service lines and lead-bearing plumbing;

(B) Lead service lines and lead-bearing plumbing are capable of releasing lead into water that can cause permanent health harm even when present in small amounts;

(C) Lead poisoning in young children may produce permanent neurological damage, learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory;

(D) Lead poisoning poses a particular risk to developing fetuses and pregnant women; and

(E) Tenants should consider obtaining a water filter that is certified by NSF/ANSI Standard 53 for lead removal and maintaining the water filter according to the manufacturer's instructions.

(d) Civil infraction fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this section pursuant to Chapter 18 of Title 2 . Adjudication of any infractions shall be pursuant to the Civil Infractions Act.

(e) The Mayor shall establish at least one method for a tenant to report violations of this section.

(f) For the purposes of this section, the term "dwelling unit" means a room or group of rooms that form a single independent habitable unit for permanent occupation by one or more individuals, that has living facilities with permanent provisions for living, sleeping, eating, and sanitation. The term "dwelling unit" shall not include:

(1) A unit within a hotel, motel, or seasonal or transient facility, unless such unit is or will be occupied by a person at risk for a period exceeding 30 days;

(2) An area within the dwelling unit that is secured and accessible only to authorized personnel; or

(3) An unoccupied dwelling unit that is to be demolished; provided, that the dwelling unit will remain unoccupied until demolition.