Ky. Rev. Stat. ch. 211 § 211.905
Inspection of dwelling or dwelling unit of occupant with confirmed
Operative Text
211.905 Inspection of dwelling or dwelling unit of occupant with confirmed elevated lead blood level -- Procedure -- Duties of cabinet -- Effect. (1) When notified that an occupant of a dwelling or dwelling unit is a child seventy-two (72) months of age or younger found to have a confirmed elevated blood level, an authorized representative of the cabinet shall inspect the dwelling and dwelling unit or other places the child routinely spends more than six (6) hours per week, at reasonable times, for the purpose of ascertaining the existence of lead-based hazards. The representative of the cabinet shall present proper credentials to the owner or occupant of the dwelling or dwelling unit prior to inspection of the premises. Such representative may remove samples necessary for laboratory analysis, in the determination of the presence of lead-based hazards in the designated dwelling or dwelling unit. (2) Upon determination by the cabinet that there are lead-based substances in or upon any dwelling or dwelling unit which may be hazardous to children, or upon receipt of confirmation that an occupant has an elevated blood lead level as set out in regulations promulgated by the secretary, the cabinet shall: (a) In the event that children seventy-two (72) months of age or younger reside in the premises, notify the owner and occupant that lead-based hazards are present on the surfaces of the dwelling or dwelling unit and may constitute a hazard to the health of children; (b) Inform the local health officers of the results of such determination and provide suitable recommendations for elimination of the problem areas; (c) Notify the owner of the dwelling or dwelling unit, in writing, advising of the existence of these lead-based hazards with instructions that these lead-based hazards, if accessible to children under the age of seventy-two (72) months, shall be removed, replaced, or securely and permanently covered within a time period not to exceed sixty (60) days and in a manner prescribed by the cabinet. (3) The removal of the lead-based hazards from the dwelling or dwelling unit shall be accomplished by the owner in a manner which will not endanger the health or well-being of its occupants, and result in the safe removal from the premises, and the safe disposition, of flakes, chips, debris, and other potentially harmful materials. (4) In the event that the owner of the dwelling or dwelling unit does not remove, replace, or securely and permanently cover the lead-based substances designated as hazardous within sixty (60) days, the cabinet shall cause to be posted upon the dwelling or dwelling unit identified as containing lead-based hazards, a notice of the existence of such hazards and the declaration that the dwelling or dwelling unit is unfit for human habitation for those persons under seventy-two (72) months of age. The dwelling or dwelling unit shall remain posted until the owner has complied with the orders of the cabinet. (5) Determination by the cabinet that a child under seventy-two (72) months of age is in immediate danger from the presence of lead-based hazards in or upon a dwelling or dwelling unit shall be cause for release from a rental agreement without prejudice to the occupant.
Kentucky Revised Statutes §§ 211.900–211.905 establish a process triggered when a child age six or younger is found to have an elevated blood lead level. Under this framework, a state cabinet representative is authorized to inspect any dwelling or location where the child regularly spends significant time, collect samples for lab analysis, and — if lead-based hazards are confirmed — require the property owner to remove, replace, or permanently cover those hazards within 60 days. If the owner fails to act within that window, the dwelling can be posted as unfit for habitation for children under 72 months of age. A cabinet finding of immediate danger from lead hazards also gives an occupant the right to exit a rental agreement without penalty.
Plain English — not legal advice.
Under Ky. Rev. Stat. § 211.905, property owners whose tenants include young children should be aware that a confirmed elevated blood lead level in a child 72 months or younger can trigger a state inspection of the premises at reasonable times. If the cabinet identifies lead-based hazards, the owner receives written notice and has no more than 60 days to remove, replace, or permanently cover those hazards in a manner prescribed by the cabinet, using methods that protect occupant health and ensure safe disposal of debris. Operators who do not comply within that period risk having the property posted as unfit for habitation for children under 72 months, which can remain in effect until the cabinet's orders are satisfied.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ky. Rev. Stat. § 211.905 gives tenants meaningful protections when a child under 72 months living in the home is found to have a confirmed elevated blood lead level. The state cabinet must notify both the owner and the occupant of any identified lead-based hazards, and if the owner fails to remediate within 60 days, the dwelling can be officially posted as unfit for habitation for young children. Importantly, if the cabinet determines that a child under 72 months faces immediate danger from lead hazards in the unit, the occupant may be released from the rental agreement without prejudice — tenants who believe this provision applies to their situation may wish to contact a local health department, a tenant-rights organization, or legal aid for general information about available paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 19, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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