Lead paint disclosure in Illinois

If you're buying or renting, the federal lead disclosure rule applies to most homes built before 1978. A seller or landlord has to share whatever they know about lead-based paint or lead hazards in the place. They also have to pass along any reports or records on file and give you the EPA's pamphlet on lead.

Your contract or lease has to contain a Lead Warning Statement. Buyers have 10 days to check the home for lead before the deal is binding.

The state has plenty of older housing. 62% of the homes in Illinois date from before 1980, and rentals match that share, which works out to 1,022,476 units.

Sellers in Illinois complete the Residential Real Property Disclosure Report. Question 17 wants to know whether the seller is aware of unsafe conditions tied to lead paint, lead water pipes, lead plumbing, or lead in the soil.

The report is used when a condo, a co-op, or a home with 1 to 4 units is sold. The seller has to fill in every line and hand you the report ahead of signing, so you have time to weigh it.

If the report never reaches you, you can back out of the contract. A seller who knowingly provides false answers owes you your actual damages and court costs, and a court may order them to cover your attorney's fees too.

A mitigation notice is the state's written order letting an owner know a lead hazard turned up and must be fixed. Once that order arrives, the fix comes with a deadline, and any job that disturbs lead surfaces must go to a licensed lead abatement contractor. That means a state-licensed firm that removes or seals off lead without spreading it.

An owner with a notice also has to put it in writing that a hazard was found before your lease is renewed or a sales contract is signed. The one owner who's exempt is someone holding a certificate of compliance, the state's proof that the hazard was handled.

In any building under a notice, signs must go up at every entrance. They state that lead hazards were found there and that other units in the building may have them as well.

Yes, the Illinois Lead Poisoning Prevention Act allows rent to be held back until the lead hazard is fixed. A tenant who withholds rent under the Act can't be evicted for it. An owner who violates the Act can also face a Class A misdemeanor charge.

Doctors in Illinois must give a blood lead test to children 6 and younger when they reside in places the Department of Public Health flags as high risk. Where risk is lower, doctors screen kids using the state's Childhood Lead Risk Questionnaire. Required screening dates back to 1993, and over 200,000 children get tested yearly.

Since January 1, 2025, 3.5 micrograms per deciliter or above is considered elevated. Before that date, through December 31, 2024, the line was drawn at 5. When a child or a pregnant person has an elevated level, the state inspects the home.

For Chicago families, a child whose level is confirmed at 3.5 or above gets a referral to a public health nurse, and a licensed lead risk assessor examines the home. The city's health department takes property owners to court to enforce city and state lead laws.

The city also runs a Lead Safe Housing Registry listing homes that went through inspection and licensed-contractor repairs under its program. The city notes that lead-safe isn't the same as lead-free, so a home on the list might still contain some lead.

Licensing for lead workers, supervisors, inspectors, and risk assessors goes through the Illinois Department of Public Health. The yearly license fee runs $50 for abatement workers and $100 for supervisors, inspectors, and risk assessors.