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Cleveland, OH Building Safety: Lead Paint (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 240.06, Cleveland Codified Ordinances
Target housing
Built before 1978
Inspection window
10 days before contract binds
Civil penalty
1 month's rent or mortgage payment
Enforcing office
Dept. of Public Health / Commissioner

Summary

Anyone selling or leasing Cleveland housing built before 1978 must hand over an EPA lead hazard pamphlet, disclose in writing any known lead-based paint or hazards, share the most recent clearance exam, and give purchasers a 10-day window to test for lead before the deal is binding, per Codified Ordinances § 240.06.

A seller or lessor of target housing must disclose information concerning lead upon the transfer of any target housing pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d... Before a purchaser or tenant is obligated under a contract to purchase target housing or a rental agreement to lease target housing, the seller or lessor shall perform the activities and provide the disclosures described in this section: A. Provide the purchaser or tenant with an EPA-approved lead hazard information pamphlet; ... E. Permit the purchaser a ten (10) day period (unless the parties mutually agree in writing to a different period of time or to waive this requirement) to conduct a lead risk assessment or lead inspection... Any person who violates any provision of this section will be jointly and severally liable to the purchaser or lessee in an amount equal to one (1) month's rent or one (1) month's mortgage payment.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-28: Current through legislation passed September 1, 2026).

Full Breakdown

C. 4852d) at the local level. Before a purchaser signs a sales contract or a tenant signs a rental agreement for 'target housing', any dwelling built before 1978, except elderly/disability housing without a resident child six or under, the seller or lessor must complete seven steps: provide an EPA-approved lead hazard pamphlet; disclose in writing the presence of any known lead-based paint or hazards, the basis for that finding, its location, and whether the unit is under a lead hazard control order; give tenants the most recent clearance examination or risk assessment and any lead-safe certification; turn over existing violation notices and inspection records; give purchasers a 10-day period to conduct their own lead risk assessment or inspection (waivable only by mutual written agreement); include the federal Lead Warning Statement in the contract; and obtain signed acknowledgment that the pamphlet, disclosures, inspection period, and warning were all provided.

06(a)(2) requires notice to every tenant within 10 days, plus a Lead Warning Statement and pamphlet to prospective tenants. Any agent hired to sell or lease the property, per division (a)(3), must independently ensure the seller's or lessor's compliance. The Director of Public Health or the Commissioner of the Division of the Environment enforces the section and may sue to enjoin violations.

Violations & Fines

Knowingly violating § 240.06 is a criminal offense punishable under § 240.99. Separately, § 240.06(b)(3) makes any violator jointly and severally liable to the purchaser or tenant for one month's rent or one month's mortgage payment, and a prevailing plaintiff can recover court costs, attorney fees, and expert witness fees. A nonprofit environmental-health or housing-rights group may sue on a tenant's behalf if it can show it spent staff time investigating the noncompliance.

Frequently Asked Questions

Does Cleveland require a lead paint disclosure before I rent an apartment?
Yes. If the building was constructed before 1978, § 240.06 requires the landlord to give you an EPA lead hazard pamphlet, disclose in writing any known lead-based paint or hazards, and hand over the most recent clearance exam or risk assessment before you're bound to the lease. The rental agreement must also include the federal Lead Warning Statement.
How long do I have to inspect for lead before buying a Cleveland home?
Ten days. Section 240.06(a)(1)(E) gives purchasers a 10-day period to conduct a lead risk assessment or inspection before becoming contractually obligated to buy target housing, unless both parties agree in writing to a shorter or longer period, or waive the inspection requirement entirely in writing.
What can I recover if my Cleveland landlord never disclosed lead paint?
Under § 240.06(b)(3), you can sue for damages equal to one month's rent, and the section makes the seller, lessor, or their agent jointly and severally liable. If you win, the court can also award your costs, attorney fees, and expert witness fees under division (b)(4).
Who enforces Cleveland's lead disclosure ordinance?
The Director of Public Health or the Commissioner of the Division of the Environment enforces § 240.06 and can take legal action to stop violations. Knowing violations also carry criminal penalties under § 240.99, on top of the civil liability tenants and buyers can pursue on their own.

Sources & Official References

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