Your phone rings at 7:12 a.m. A tenant from your 1960s-built Heights duplex is upset. Their child just tested high for lead. You remember the pamphlet you gave them. You assumed that was enough. Now you are wondering what else you missed.
Here is the reality. Houston loves its older homes, from Montrose bungalows to East End fourplexes and the houses near West University Place. Many were built before 1978, and lead-based paint can sit under every fresh coat.
A new EPA rule changes what counts as safe and how you prove it, with key 2026 deadlines. The standard for dust is essentially zero, and the paperwork needs to be airtight.
This guide turns a scary headline into a clear plan so you can protect children, protect your portfolio, and sleep through that next phone call.
Key Takeaways
- “Zero” hazard standard (DLRL). Any reportable level of lead dust counts as a hazard when measured by an EPA-recognized laboratory.
- Covered properties. The rule applies to target housing built before 1978 and to child-occupied facilities.
- Action levels after abatement (DLAL). Post-abatement results must be below five µg/ft² on floors, 40 µg/ft² on interior window sills, and 100 µg/ft² on window troughs.
- RRP is mandatory when you disturb the paint. Disturbing more than 6 square feet of interior painted surface per room or more than 20 square feet on the exterior triggers RRP. Firms and renovators must be EPA certified, use lead-safe practices, and keep records for at least 3 years.
- Penalties are substantial. Civil penalties can reach $49,772 per violation per day, adjusted annually for inflation.
What Changes In 2026
For years, “lead-safe” often referenced numbers like 10 µg/ft² for floors and 100 µg/ft² for window sills. EPA’s 2024 final rule shifts to a reportable-level approach for identifying a dust-lead hazard and sets separate, stricter action levels for post-abatement clearance. Key points:
- Hazard identification uses the Dust-Lead Reportable Level. Any reportable amount of lead dust is a dust-lead hazard for regulatory purposes.
- The recommendation for action is tied to the Dust-Lead Action Levels after abatement; a certified inspector or risk assessor must verify that dust wipe samples are below five µg/ft² on floors, 40 µg/ft² on interior window sills, and 100 µg/ft² on window troughs.
- Timeline. The final rule is effective January 13, 2025. Compliance for the DLRL, DLAL, and related abatement report language applies beginning January 12, 2026.
Why Houston Landlords Should Act Now
Lead poisoning is irreversible, and even low levels harm children’s development. The main risk is invisible lead dust from window and door friction, and from renovation work.
If a child tests high and you cannot document compliant practices, you face EPA enforcement and potential civil claims.
Texas operates under the federal EPA RRP program. Enforcement attention on documentation and practices is rising. Treat this as an operations upgrade, not a one-time cleanup.
Houston Rental Compliance Checklist For The 2026 Rule
1) Identify Your Portfolio
Build a list of all rentals, including the year built. Flag every pre-1978 unit since these are target housing under federal rules.
2) Audit Your Lease and Disclosure Files
Provide the EPA “Protect Your Family from Lead in Your Home” pamphlet before lease signing for pre-1978 rentals.
Include the required Lead Warning Statement and obtain signatures from the lessor or agent and the tenant. If any active file is missing signed disclosures, correct it immediately.
3) Vet Your Vendors Under RRP
Do not use uncertified firms to disturb paint in pre-1978 housing. Require proof of EPA RRP firm certification and an EPA-certified renovator on each job, and keep copies in the property file.
If you use in-house staff, send at least one worker to the 8-hour initial Renovator course and obtain EPA firm certification.
4) Update Renovation and Turnover Procedures
Assume lead is present in pre-1978 properties unless you have documentation proving components are lead-free at regulated thresholds. Add contract language that requires full RRP compliance, including containment, HEPA cleanup, and cleaning verification.
Budget for lead safe supplies, labor time, and proper waste handling. Use EPA-recognized test kits or laboratory analysis when you need to determine whether components contain lead-based paint.
5) Know When Clearance Is Required And Keep Records
After abatement, hire a certified inspector or risk assessor to collect dust wipe samples and verify results are below 5, 40, and 100 µg/ft² for floors, interior window sills, and window troughs. Reclean and retest if any sample fails.
For typical RRP renovations, perform required cleaning verification since dust wipe clearance is not automatically required unless specified by contract or another program.
Keep all RRP records for at least 3 years from project completion, including disclosures, firm and renovator certifications, testing or clearance documentation, and cleaning verification.
FAQ
My pre-1978 place was fully renovated. Does this still apply?
Yes, unless you have documentation showing that affected components are lead-free at regulated levels. Many renovations cover but do not remove old lead paint. Any future work that disturbs those surfaces still triggers RRP.
Does this apply if I only rent to adults?
Yes. The Disclosure Rule and the RRP Rule apply to target housing regardless of who currently lives there. Limited exemptions include housing for the elderly or persons with disabilities if no child under six resides, and zero-bedroom units.
Lead-based paint versus lead dust?
Intact paint is not usually the immediate hazard. Dust is. Routine friction and renovation activities generate fine dust that is easily ingested or inhaled. The rule treats any reportable dust level as a dust lead hazard and sets specific action levels for post-abatement clearance.
I hand out the pamphlet. Am I done?
No. The Disclosure Rule pamphlet covers leasing and sales. The RRP Rule governs how renovation work is performed and requires pre-renovation education with the “Renovate Right” pamphlet. The 2024 final rule adds the DLRL and DLAL framework that applies in risk assessment and abatement contexts.
Lead Compliance 2026 Starts Now
The 2026 milestones raise the bar for pre-1978 rental properties across Greater Houston. Systemize your compliance, verify certifications, document work practices, and retain testing or clearance records. Doing this protects children, cuts legal risk, and preserves asset value.
Ready to turn rules into an advantage? Contact Residential Leasing and Management Corporation for a rapid portfolio audit, gap fixes, RRP-trained vendors, file-ready documentation, and ongoing monitoring. Schedule a compliance sprint today and put your properties on a proven track before the deadline!
Additional Resources
Houston Flood Maps in 2026: Which Neighborhoods Face New Insurance Mandates
Texas Preemption Laws: What Houston Landlords Gain and Lose in Local Rulemaking
