Lack of Required Lead and Asbestos Testing Undermines Rental Housing Habitability Program and Recovery

EFRU has learned the Rental Housing Habitability Program (RHHP) is significantly weakened by the Department of Public Health’s failure to require testing for lead and asbestos—the only two contaminants with established EPA thresholds that clearly determine whether licensed abatement contractors are legally required. While many other contaminants of concern may be present after a wildfire, identifying lead and asbestos above threshold is critical because it dictates the scope of work, contractor qualifications, and regulatory oversight needed to remediate a property properly. When Public Health does not require this testing, landlords are able to rely on combustion byproduct testing and be limited to cleaning rather than true abatement, making it far more difficult for rental units to achieve legitimate clearance and safely return to occupancy. Despite these shortcomings, EFRU strongly encourages tenants to file complaints with the Rental Housing Habitability Program so their health concerns are formally documented and remain on record. View the RHHP notice here with information on how to file a complaint re contamination concerns. The deadline to file a contamination concern under the RHHP with Dept of Public Health is only days away: 12/31/25. If filed before the end of 2025, your landlord will be required to take action in the new year, but there is no requirement that they test for lead and asbestos.