Common-area painting in pre-1978 buildings: EPA lead notice rules

What the firm must do before common-area work

1. Give the owner the pamphlet. Get the owner’s written acknowledgment, or a certificate of mailing at least 7 days before the renovation (745.84(b)(1)). A property manager can receive and acknowledge the pamphlet on the owner’s behalf (EPA FAQ).
2. Notify every affected unit, in one of two ways (745.84(b)(2)):
   • Written notice to each affected unit before work starts, describing the general nature and locations of the work, the expected start and end dates, and how residents can get the pamphlet and a copy of the renovation records at no cost; or
   • Posted signs while the work is ongoing, where occupants of all affected units are likely to see them, describing the work, its locations and expected completion date, with a posted pamphlet (or how to get one free) and how to review or get the records free.
3. Sign a statement. The firm prepares, signs and dates a statement describing how it notified occupants and provided the pamphlet (745.84(b)(3)).
4. Send an update if plans change. If the firm used written notices and the scope, locations or dates change, it must send revised written notice before doing work beyond the original notice (745.84(b)(4)).

Which units count as “affected”?

As a general matter, EPA says all units in the housing are affected units and must get notice of a common-area renovation. In a minority of cases, a common area is used almost only by an identifiable group, such as a hallway inside one building of a multi-building complex, and EPA considers it appropriate to notify only those units (EPA FAQ).

Doing a lot of routine common-area work?

EPA lists ways to avoid sending a new notice for every small job (EPA FAQ):

• Posted signs for common-area work, as above.
• Bi-monthly notices: group all the work expected over a 60-day period into one notice sent every other month. Canceled or postponed work simply moves to the next notice.
• Newsletter delivery: putting the notice in or attached to an existing resident newsletter is acceptable if the cover prominently says lead-based paint renovation notices are inside.

If your own maintenance staff do the work

When property managers or their employees do paid renovation themselves, EPA treats them as both the “firm performing the renovation” and the owner’s agent, so no separate pamphlet hand-off to the owner is needed (EPA FAQ). The rest of the RRP rule, including certification and the common-area notice, still applies; see the EPA RRP program and our EPA RRP rule for landlords guide.

Building manager checklist (our suggestion)

• Keep a list of which buildings on your portfolio were built before 1978.
• Before any hallway, lobby or stairwell paint job, confirm the firm is RRP-certified and decide: written notices or posted signs.
• File the owner pamphlet acknowledgment (or mailing certificate), the copy of the notice or sign, and the firm’s signed statement with the job record.
• For recurring work, set up one bi-monthly notice instead of one per job.

This checklist is our suggestion for staying organized, not an official form.

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Do tenants have to be notified before hallway painting in a pre-1978 apartment building?

Under the EPA RRP rule, the renovation firm must notify each affected unit in writing before the work, or post informational signs where occupants of all affected units will see them while the work is ongoing (40 CFR 745.84(b)(2)).

How far ahead must common-area renovation notice be given?

No more than 60 days before the renovation starts. The owner must also get the Renovate Right pamphlet, with a written acknowledgment or a certificate of mailing at least 7 days before the work (40 CFR 745.84(b)).

Can a property manager sign for the Renovate Right pamphlet?

Yes. EPA says property managers act as agents for building owners, so a property manager may receive and acknowledge the pamphlet on the owner’s behalf.

Is there a way to avoid a separate notice for every common-area job?

EPA allows posted signs, and also allows grouping all the work expected over a 60-day period into one bi-monthly notice, which can go in a resident newsletter if the cover prominently says lead renovation notices are inside.