The Lead Rules--A Synopsis

Questions and Answers


Download Lead Pamphlet (pdf)
Download lead disclosure form (pdf)
Download Lead Fact Sheet (pdf)
Download Lead Disclosure Rules (pdf)

When did the rules take effect?

Answer: If you own more than four dwelling units, Sept. 6, 1996
If you own fewer than four units, Dec. 6, 1996.

What housing is affected?

Answer: All dwellings built before 1978 ( the year the use of lead-based paint was banned nationwide) with a few exceptions.

What housing is not affected?

Answer:

  • Zero-bedroom units (studios, lofts, etc.)
  • Leases lasting less than 100 days, such as vacation homes
  • Housing for the elderly or handicapped, unless children will live there
  • Rental housing that has been inspected by a certified inspector and found to be free of lead-based paint

    How are common areas affected?

    Answer: You must disclose whatever you know about the presence of lead in common areas.

    If a property contains lead paint, is it unsafe?

    Answer:
    Not if it is properly maintained and managed. However, if it is allowed to deteriorate, crack and peel, it can be a threat to the health of occupants, especially children under six. If you know that lead paint is in a building you own, chances are you can pretty much eliminate the health risks of it.

    What if I'm selling "target housing"?

    Answer:
    1. Disclose any known lead paint or paint hazards in the housing and any reports you have about it.
    2. Give buyers a copy of the EPA pamphlet "Protect Your Family from Lead in Your Home."
    3. Include warning language in the sales agreement and other signed statements verifying that you met all requirements.
    4. Keep the signed acknowledgment for three years.
    5. Give the buyers a ten-day opportunity to test for lead (at their expense).

    What if I'm renting "target housing"?

    Answer:
    1. Disclose any known lead paint or paint hazards in the housing and any reports you have about it.
    2. Give renters a copy of the EPA pamphlet "Protect Your Family from Lead in Your Home."
    3. Include warning language in the rental agreement or lease and other signed statements verifying that you met all requirements.
    4. Keep the signed acknowledgment for three years.

    Am I required to give the EPA pamphlet "Protect Your Family from Lead in Your Home" to existing tenants?

    Answer: The EPA says no, only to tenants when they renew their leases. However, other legal sources warn that may not be enough. Ask yourself this, when does a month-to-month tenant renew their tenancy? Every time he or she pays the rent, because the agreement only goes month to month. To be on the safe side, go to all your existing tenants and go through the procedures for new ones.

    Do I have to check the house for lead before I sell?

    Answer: Not according to federal rules. Check your state law. You do have to allow the buyer a ten-day period to have the property tested for lead-based paint and hazards before the agreement to sell is final.

    Do I have to remove any lead-based paint they discover during an inspection?

    Answer: No. The buyer could make that a contingency for the sale, though. That is more likely to happen in cities where the real estate market isn't very good. In good markets the seller would just accept an offer that didn't ask for lead-paint removal.

    What if I know there is lead-based paint in the property?

    Answer: You have to disclose that information to the buyer or renter.

    What if I know for a fact there is no lead-based paint in my property?

    Answer: You can disclose that, as well. However, you must have certification from a state-certified inspector. If your state does not have a certification program, you may use an certified inspector from another state.

    If I buy a property, do I have to conduct and pay for an inspection?

    Answer: No, you just have the opportunity to do so. You could improve your chances of having an offer to buy accepted by waiving your right to the inspection, as well.

    Can renters have the property tested for lead?

    Answer: You can allow them to have the property tested at their own expense, but they have no ten-day right to inspection before renting.

    Where can I find a qualified inspector to conduct the inspection?

    Answer: Call state health or housing departments.

    Does this rule increase my liability for future lead poisoning on my property?

    Answer: The EPA claims that disclosure may actually reduce your liability. Their reasoning is that occupants can prevent exposure from the beginning. Don't be too quick to take their word for it, though. Your best defense is adding language to the rental agreement, that you should have your lawyer draft, removing from you all liability for lead poisoning.

    What if I don't comply with the regulations?

    Answer: It can get real ugly. Failure to disclose and provide the pamphlet could mean triple damages. Plus you could face additional civil and criminal penalties.

    Where can I get a lead disclosure form?

    Answer: http://216.147.103.80/lead/lead-form.pdf
    for the Spanish version http://www.epa.gov/opptintr/lead/spanless.pdf

    For more information:

    World Wide Web: http://www.epa.gov/opptintr/lead/leadinfo.htm

    Toll-free: 800-424-LEAD

    Fax request: 202-659-1192


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