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LEAD PAINT
EPA and HUD
Real Estate Notification and Disclosure
Rule
Frequently Asked Questions
courtesty of the Environmental
Health Center
Click
here for the Lead Paint Fact Sheet Page
Please click
on a link for more information:
What is the purpose
of this rule and who is affected?
When does the rule take
effect?
How does this rule apply
to housing common areas such as stairwells,
lobbies, and laundry rooms?
Why doesn’t
this rule affect housing built after 1978?
Is my home unsafe if
it contains lead-based paint?
What if I’m
selling target housing?
What if I’m renting
target housing?
Am I required to give the
EPA pamphlet Protect Your Family From
Lead in Your Home to existing tenants?
What if the buyers/renters
don’t speak English?
Must I check my house
for lead prior to sale?
Is the seller required
to remove any lead-based paint that is
discovered during an inspection?
What if I know there is
lead-based paint in my home?
What if the lessor knows
that there is no lead-based paint in my
rental housing?
What is the responsibility
of an agent if the seller or landlord
fails to comply with this rule?
As a
purchaser, am I required to conduct and
finance an inspection?
If
I am renting, do I have the same opportunity
to test for lead?
Where
can I find a qualified professional to
conduct an inspection?
Must
inspectors be certified?
Does this rule increase
my liability for future lead poisoning
on my property?
Are mortgage lenders
liable under these rules if the seller
or lessor fails to disclose?
What if a seller or lessor
fails to comply with these regulations?
What
is the purpose of this rule and who is
affected?
To protect the public from exposure to
lead from paint, dust, and soil, Congress
passed the Residential Lead-Based Paint
Hazard Reduction Act of 1992, also known
as Title X. Section 1018 of this law directed
HUD and EPA to require disclosure of information
on lead-based paint and lead-based paint
hazards before the sale or lease of most
housing built before 1978. The rule would
ensure that purchasers and renters of
housing built before 1978 receive the
information necessary to protect themselves
and their families from lead-based paint
hazards.
Top of page
When
does the rule take effect?
The rule’s effective date depends
on the number of housing units owned.
For owners of more than 4 dwelling units,
the effective date is September 6, 1996.
For owners of 4 or fewer dwelling units,
the effective date is December 6, 1996.
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How
does this rule apply to housing common
areas such as stairwells, lobbies, and
laundry rooms?
Common areas are those areas in multifamily
housing structures that are used or are
accessible to all occupants. The rule
requires that sellers and lessors disclose
available lead information about common
areas so that families can be informed
about preventive actions.
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Why
doesn’t this rule affect housing
built after 1978?
Congress did not extend the law to housing
built after 1978 because the Consumer
Product Safety Commission banned the use
of lead-based paint in housing in 1978.
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Is
my home unsafe if it contains lead-based
paint?
Approximately three-quarters of the nation’s
housing built before 1978 contains some
lead-based paint. This paint, if properly
managed and maintained, poses little risk.
If allowed to deteriorate, lead from paint
can threaten the health of occupants,
especially children under 6 years old.
If families and building owners are aware
of the presence of lead-based paint and
the proper actions to take, most lead-based
paint hazards can be managed. The EPA
pamphlet Protect Your Family From Lead
in Your Home provides important information
for families and home owners to help them
identify when lead-based paint is likely
to be a hazard and how to get their home
checked.
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Seller
& Lessor Responsibilities
What if I’m selling target
housing?
Property owners who sell target housing
must:
- Disclose all known
lead-based paint and lead-based paint
hazards in the housing and any available
reports on lead in the housing.
- Give buyers the EPA pamphlet
Protect Your Family from Lead in Your
Home.
- Include certain warning
language in the contract as well as
signed statements from all parties verifying
that all requirements were completed.
- Retain signed acknowledgments
for 3 years, as proof of compliance.
- Give buyers a 10-day
opportunity to test the housing for
lead.
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page
What
if I’m renting target housing?
Property owners who rent out target housing
must:
- Disclose all known lead-based
paint and lead-based paint hazards in
the home and any available reports on
lead in the housing.
- Give renters the EPA
pamphlet Protect Your Family From Lead
in Your Home.
- Include certain warning
language in the lease as well as signed
statements from all parties verifying
that all requirements were completed.
- Retain signed acknowledgments
for 3 years, as proof of compliance.
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page
Am
I required to give the EPA pamphlet Protect
Your Family From Lead in Your Home to
existing tenants?
No, but when tenants renew their leases,
you must give them the pamphlet and any
available reports. In other words, you
must give them the same information that
you are required to provide new tenants.Top
of page
What
if the buyers/renters don’t speak
English?
In cases where the buyer or renter signed
a purchase or lease agreement in a language
other than English, the rule requires
that the disclosure language be provided
in the alternate language. The EPA pamphlet
Protect Your Family From Lead in Your
Home is printed in English and Spanish
and will be made available to the public.
EPA and HUD are considering publishing
the pamphlet in other languages as well.Top
of page
Must
I check my house for lead prior to sale?
No. The rule does not require that a seller
conduct or finance an inspection or risk
assessment. The seller, however, is required
to provide the buyer a 10-day period to
test for lead-based paint or lead-based
paint hazards.Top
of page
Is
the seller required to remove any lead-based
paint that is discovered during an inspection?
No. Nothing in the rule requires a building
owner to remove lead-based paint or lead-based
paint hazards discovered during an inspection
or risk assessment. In addition, the rule
does not prevent the two parties from
negotiating hazard reduction activities
as a contingency of the purchase and sale
of the housing. Top
of page
What
if I know there is lead-based paint in
my home?
If you know there is lead-based paint
in your home, you are required to disclose
this information to the buyer or renter
along with any other available reports
on lead.Top
of page
What
if the lessor knows that there is no lead-based
paint in my rental housing?
If your rental housing has been found
to be free of lead-based paint by a certified
inspector, this rule does not apply. However,
landlords seeking an exclusion to this
rule must use state certified inspectors.
If your state does not have a certification
program, you may use a certified inspector
from another state. In addition, EPA is
developing certification requirements
for individuals and firms conducting lead-based
paint inspections, risk assessments, and
abatements. Top
of page
What
is the responsibility of an agent if the
seller or landlord fails to comply with
this rule?
The agent is responsible for informing
the seller or lessor of his or her obligations
under this rule. In addition, the agent
is responsible if the seller or lessor
fails to comply. However, an agent is
not responsible for information withheld
by the seller or lessor.Top
of page
Purchaser &
Renter Rights
As a purchaser,
am I required to conduct and finance an
inspection?
No. The rule simply ensures that you have
the opportunity to test for lead before
purchase.
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If
I am renting, do I have the same opportunity
to test for lead?
Under the law, the 10-day inspection period
is limited to sales transactions, but
nothing prevents the renter from negotiating
with the lessor to allow time for an inspection
before rental.
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Where
can I find a qualified professional to
conduct an inspection?
State agencies can provide helpful information
for locating qualified professionals in
your area. The EPA pamphlet Protect Your
Family From Lead in Your Home provides
the phone numbers of these state agencies.
It is important to verify the qualifications
of individuals and firms before hiring
them.
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Must
inspectors be certified?
Some cities and states have their own
rules concerning inspector certification.
These requirements, which may be administered
at the state or federal level, may not
be in place for several years. Once these
requirements are in place, professionals
who offer to perform lead-based paint
inspections must be certified. The certification
requirements that EPA is developing will
ensure that inspectors engaged in lead-based
paint activities have completed an EPA-certified
training program or an EPA-approved state
program. Meanwhile, EPA and HUD recommend
that people inspect the qualifications
and training of individuals and firms
before hiring them to conduct risk assessments,
inspections, or abatements. Top
of page
Liability
Does this
rule increase my liability for future
lead poisoning on my property?
In some cases, disclosure may actually
reduce the owner’s liability since
occupants may be able to prevent exposure
from the beginning. Under this rule, however,
sellers, landlords, or agents who fail
to provide the required notices and information
are liable for triple the amount of damages.
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Are
mortgage lenders liable under these rules
if the seller or lessor fails to disclose?
Under the disclosure regulation, the rule
does not identify mortgage lenders as
liable parties. This rule does not affect
other state and federal provisions regarding
the obligations and responsibilities of
lenders.Top
of page
What
if a seller or lessor fails to comply
with these regulations?
A seller, lessor, or agent who fails to
give the proper information can be sued
for triple the amount of damages. In addition,
they may be subject to civil and criminal
penalties. Ensuring that disclosure information
is given to home buyers and tenants helps
all parties avoid misunderstandings before,
during, and after sales and leasing agreements.
Top of page
Click
here for the Lead Paint Fact Sheet Page
Lead
Paint | Radon
Gas | Fair
Housing | Agency
Disclosure | Mortgage
Info | Complaints
| 
