January 11, 2006 - Lead Law Unconstitutional

A judge has ruled unconstitutional an Illinois law calling for homeowners to be educated about lead paint. In its text, the law exempts a certain class of homeowner. The judge, Stephen J. Fortunato of the Illinois Superior Court, said there was no evidence that the exempted owners would protect tenants with "such zeal and such efficiency" that they should be exempt. Since Nov. 1, residents who own homes built before 1978 were required to take classes on the hazards of lead paint and provide tenants with information about the hazards. The law had exempted owner-occupied dwellings of two and three units.

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