Read the Lead-Safe Ordinance

On April 22, 2025, the Toledo City Council passed the Lead-Safe Ordinance.

Below are highlighted important sections of the Ordinance, but it's important to read it all.

Phase Deadlines through 2025:

Below is a list of Census Tracts with their associated Phase Deadlines:

1. Dwelling Units in the following Census Tracts shall comply by December 31, 2025: 

• 2.01, 2.02, 4, 6.01, 6.02, 7.01, 7.02, 7.03, 8, 9, 10.01, 10.02, 14, 16.01, 16.02, 17, 18

2. Dwelling Units in the following Census Tracts shall comply by June 30, 2026: 

• 20, 21, 105, 25, 29, 30, 32, 33, 35, 36, 39.01, 39.02

3. Dwelling Units in the following Census Tracts shall comply by December 31, 2026:

• 40, 42, 44.01, 44.02, 47.01, 47.02, 48, 49, 51.01, 51.02, 54, 103

4. Dwelling Units in the following Census Tracts shall comply by June 30, 2027: 

• 3.01, 3.02, 11, 12.02, 13.02, 13.03, 15, 19, 24.01, 24.02

5. Dwelling Units in the following Census Tracts shall comply by December 31, 2027:

• 26, 27, 28, 31, 45.01, 46, 50, 52, 53

6. Dwelling Units in the following Census Tracts shall comply by June 30, 2028:

• 55.01, 55.02, 57.04, 57.05, 57.03, 62, 63, 64, 65, 66, 68.01, 68.02

7. Dwelling Units in the following Census Tracts shall comply by December 31, 2028:

• 73.06, 73.07, 74.01, 74.02, 86.01, 86.02, 102, 12.01, 13.01, 106, 45.03, 45.04, 55.03, 56.01, 56.02, 57.01, 58.01, 58.03, 58.04, 59.01, 59.02, 60, 61, 67

8. Dwelling Units in the following Census Tracts shall comply by June 30, 2029:

• 69, 72.02, 72.06, 72.07, 72.04, 72.08, 72.09, 73.04, 73.05, 73.02, 75.01, 75.02, 77, 78.01, 78.02, 79.01, 79.03, 79.04, 80, 83.03, 83.02, 84.01, 85.01, 85.02, 104

After June 30, 2029, all dwelling units shall comply with this Chapter. This Chapter

only applies to dwelling units located within the geographical limits of the City of

Toledo.

Penalties:

1760.99 Penalties(a) Whoever violates Section 1760.02 after the dates and time schedule for compliance established in City of Toledo Page 20 of 21 Printed on 7/3/2025powered by Legistar™

File #:  O-167-25, Version:  1Section 1760.14(a) and (b) shall be guilty of a misdemeanor of the first degree. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(b) Whoever violates any provision of this Chapter for which a penalty has not otherwise been provided is guilty of a misdemeanor of the first degree. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

Do Housing Choice Voucher (Section 8) properties need certified? (Source: https://toledoleadsafe.com/faq/)

Yes. Under the current ordinance, HCV (formerly known as Section 8) rental units must also pass a Local Lead Inspection and receive a lead-safe certificate. The City of Toledo is working with Lucas Metropolitan Housing to streamline this process for HCV rental owners who need additional help getting these inspections done.

1760.15 Exemptions

(a) This Chapter shall not apply to properties taken by a governmental entity in a foreclosure proceeding which are:

(1) scheduled for demolition; or

(2) scheduled for sale within twelve (12) months; or

(3) vacant and secured.

(b) This Chapter shall not apply to Residential Rental Properties owned and operated by the Lucas Metropolitan Housing Authority's (LMHA) public housing program and subject to the required inspections, performed by a Local Lead Inspector, excepting that Sections 1760.08, 1760.09(c), and 1760.12(a) and (b)(1)-(4) of this Chapter shall apply to Residential Rental Properties owned and operated by LMHA. LMHA shall provide the City of Toledo's Department of Housing and Community Development a list of addresses of Residential Rental Properties so excluded under this exemption on an annual basis.

(c) The City of Toledo reserves the right to eliminate any exemption if it is discovered that a child has been lead poisoned at the location of one of the Owner's Residential Rental Properties or Family Child Care Homes at a level of 3.5 ug/dL or greater (which value represents the blood lead reference value currently used by the Centers for Disease Control and Prevention to identify children with blood lead levels that are higher than most children’s levels).

1760.10 Prohibition of retaliatory action

It is unlawful for an Owner, or any person acting on his or her behalf, to take any retaliatory action toward an occupant, lessee, or tenant who reports a failure of the Owner to obtain a Lead-Safe Certificate, or who reports suspected lead-based paint hazards to the Owner or to the City, or reports other issues suggesting noncompliance with this Chapter or the City Building or Housing Code. Retaliatory actions include, but are not limited to, any actions that materially alter the terms of the tenancy (including unsupported rent increases and non-renewals) or interfere with the occupants' use of the property.

1760.11 Protections for tenants

(a) Properties that are vacant when a Lead-Safe Certificate is required. When a Lead-Safe Certificate is required under this Chapter (subject to the phase-in schedule provided in Section 1760.14(a)), if any Residential Rental Property constructed before 1978 contains a rental unit that is or becomes vacant and not yet leased to a tenant, the Owner of that property may not lease the unit for occupancy until the Owner obtains a Lead-Safe Certificate.

(b) Leases with new tenants when a Lead-Safe Certificate is required. When a Lead-Safe Certificate is required under this Chapter, if a current tenant vacates any Residential Rental Property constructed before 1978, the Owner of that property may not lease the unit for occupancy to a new tenant until the Owner obtains a Lead-Safe Certificate.

(c) Evictions of current tenants. No Owner without good cause to evict a tenant may cause a tenant to be evicted because the Owner does not wish to comply with the requirements of this Chapter. No Owner without good cause may refuse to renew a month-to-month or other periodic tenancy because the Owner does not wish to comply with the requirements of this Chapter.

(d) Rights of tenants under the Ohio Landlord-Tenant Act. Nothing in this Chapter shall be construed to

limit the rights of tenants under the Ohio Landlord-Tenant Act, including but not limited to the right to withhold rent or terminate a tenancy in response to Owner's failure to comply with the Ohio Landlord- Tenant Act.

(e) Lead-Safe Certificate provided upon lease. Upon leasing a Residential Rental Property, the Owner shall

provide the tenant with either a copy of any Lead-Safe Certificate issued for the property or documentation showing that the property was constructed after 1978.

1760.06 Local Lead Inspection

(a) The Local Lead Inspection shall include all of the following:

(1) A full visual assessment in the Residential Rental Property or Family Child Care Home to identify all Deteriorated Paint, visible dust, paint chips, debris, or residue on interior or exterior surfaces, and bare or exposed soil within the Dripline. Deteriorated Paint is presumed to contain lead unless proven otherwise under 1760.05.

(2) Following a passing visual assessment, a dust sample shall be collected from a floor, and if present, windowsill and window trough in no fewer than four separate rooms. A minimum of 12 samples shall be collected unless the Residential Rental Property, or Family Child Care Home contains less than four rooms, in which case a dust sample shall be collected from a floor, and if present, window sill and window trough, from each room, and submitted to a licensed environmental lead analytical laboratory for analysis for lead, interpretation of sampling results, and preparation of a report.

(3) The issuance of a "Lead-Safe Report" for units that pass a Lead Clearance Examination.

(b) The standards to be applied to a "Local Lead Inspection" shall be performed in compliance with Ohio Department of Health and US EPA Hazard Standards.

1760.08 Right of inspection and enforcement

The Commissioner of the Division of Code Compliance and/or their designee and/or the Commissioner of the Health Department and/or their designee is authorized to enter on and into and inspect all premises, dwellings, dwelling units and accessory buildings, subject to the provisions of this Chapter and in accordance with the right of entry defined in Toledo Municipal Code Section 1303.0900 for the purpose of determining compliance with the provisions of this Chapter. The owner or other person in charge of the premises shall permit entry by any authorized officer or employee of the City for the limited and exclusive purpose of conducting such inspection, provided that the inspection is carried out at a reasonable time, that sufficient advance notice has been given to the occupants, and that permission to enter was requested and denied by the occupants. Where permission to enter has not been obtained, is denied, or there is probable cause to believe a violation of this Chapter has occurred in a dwelling unit, the Commissioner shall have recourse to the remedies provided by law to secure entry. The Commissioner of the Health Department and the Director of the Department of Housing and Community Development may petition any court of competent jurisdiction to seek any relief necessary to enforce the provisions of this Chapter.

Do you have questions? Do you need a Lead-Safe Inspection?

Give the Lead Paint Detectives a call and we'll help you figure it all out.

419-290-9548