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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Asbestos and Lead Paint Hazards in Older Homes
Stuart Lieberman, Esq.,

If you are buying or renting a home that was built some time ago, there are two issues of which you should be concerned. They are the possibility of asbestos and lead in the house.

Homes currently built don't have asbestos insulation and don't have lead paint. But that's not so in older homes.

And since both can be hazardous, it's important that you conduct an investigation to determine whether the house that you love and "have to buy" has lead or asbestos.

Many homes that were constructed before 1978 have lead paint. This lead can cause serious health problems if it is not taken care of.

While lead exposure can injure anybody, it is the children who are most at risk. Lead exposure can result in neurological problems and even worse. It is indeed a severe problem, an extreme concern in many parts of this country.

Under federal law, individuals renting or buying pre-1978 housing must receive certain information. Specifically, landlords must disclose information concerning lead-based paint and the potential hazards before the lease becomes effective.

Sellers are required to disclose information on lead-based paint before selling a home. Contracts must include a disclosure about lead-based paint and purchasers have up to 10 days to check for the existence of lead problems.

Of course, it's not enough to determine whether there are lead paint issues. If lead exists, it must be properly remediated.

Renovators are required to take special measures to avoid lead exposure. Improper renovations can liberate lead and make home occupants ill.

What should you do? If you are concerned, you can have your home tested for lead paint. Don't use a belt sander or anything else which will liberate the lead.

And you should know that lead dust can remain in your home long after renovation work is done.

This lead issue is a serious issue. Consult with professionals and make sure that your family is protected.

Asbestos can also be a problem in older homes. Specifically it may pose a danger when disturbed. As a general rule, asbestos that is left alone is not a risk. This is a general rule. Consult with a professional to determine whether it applies to your home.

Once the asbestos is impacted it can pose a problem. Asbestos fibers can be come airborne and make those exposed ill.

Asbestos remediation must be performed by licensed professionals. This is not a do it yourself project or a handyman's project.

Pick professionals who are properly trained, insured and have ample references.

If you are buying or renting an older home, have qualified professionals determine if lead and asbestos is present. Consult with these professionals if problems are present.

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The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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