Congress passed a law in 1992 that requires that home buyers and tenants be informed of any lead-based paint prior to sale or leasing.
Lead-based paint was commonly used in the construction and renovation of homes before it was banned in 1978. Because lead from dust, paint or soil can be hazardous, especially to children and pregnant women, Congress passed a law in 1992 requiring that home buyers and tenants be notified of any known lead-based paint before properties are sold or leased. The law also requires that tenants be warned of the dangers of lead. Several states have passed additional disclosure regulations.
Disclosing Known Lead Hazards
The Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, directed the Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) to require certain information to be included in contracts for the sale or lease of homes built before 1978. Before a contract is finalized, sellers or landlords must disclose any known information concerning lead-based paint or hazards in the dwelling, as well as its location and condition.
Alerting Tenants to the Dangers of Lead
The federal law also requires landlords and owners to give new dwelling occupants an Environmental Protection Agency (EPA)--approved pamphlet titled "Protect Your Family From Lead In Your Home," which contains advice on identifying and controlling lead-based paint hazards. They must also include in the contract a Lead Warning Statement. The law gives home buyers a 10-day period to perform a paint inspection or risk assessment, but the buyer and seller may agree in writing to either shorten or lengthen that period.
When It Applies
Most private housing, public housing and all federally owned or subsidized housing is subject to the disclosure requirements. Exempted are units that have no bedrooms, such as lofts; housing leased for less than 100 days; housing for the elderly and handicapped; housing that has been inspected and certified to be lead-free; and housing sold at a foreclosure sale. The regulations went into effect in 1996. Sellers and lessors are required to keep a copy of the disclosure for at least three years after the sale or start of the lease.
State Requirements
Some states have implemented additional disclosure requirements. In Michigan, for example, building owners or landlords must give tenants of multi-dwelling buildings the EPA lead-based paint pamphlet before doing any renovation work that could disturb lead-containing coatings. Maryland requires that in addition to the EPA pamphlet, landlords distribute an additional pamphlet titled "Lead Poison Prevention---Notice of Tenants' Rights." The notices must be given to tenants in a verifiable way, such as certified mail.
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