Lead Paint Disclosure Rules for Real Estate Transactions

Real Estate Notification and Disclosure Rule

Pre-Renovation Information Rule

 Resources

The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) enforce efforts to ensure that the public receives information to prevent lead poisoning in homes that may contain lead-based paint hazards. Most home buyers and renters must receive information on lead-based paint and lead-based paint hazards during sales and rentals of housing built before 1978. Buyers and renters must receive specific information on lead-based paint in the housing as well as the Protect Your Family from Lead in Your Home pamphlet. Sellers, landlords, and their agents are responsible for providing this information to the buyer or renter before sale or lease. 

 

 

 

 

Real Estate Notification & Disclosure Rule (1018 Rule)

The Disclosure Rule requires sellers, lessors and agents to comply with certain requirements when selling or leasing housing built before 1978. The Disclosure Rule requires that, before a purchaser or lessee is obligated under any contract to purchase or lease target housing, certain requirements must be met. These requirements include the following:

  • Sellers and lessors must provide purchasers and lessees with an EPA-approved lead hazard information pamphlet;
  • Sellers and lessors must disclose the presence of any known lead-based paint and/or lead-based paint hazards to the purchasers and lessees and to any agent;
  • Sellers and lessors must provide purchasers and lessees with any available records or reports pertaining to the presence of lead-based paint and/or lead-based paint hazards in the target housing;
  • Sellers must grant purchasers a 10-day period to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards, unless the parties mutually agree, in writing, upon a different period of time or the purchaser waives, in writing, the opportunity to conduct the risk assessment or inspection;
  • Sellers and lessors must disclose information pertaining to lead-based paint and/or lead-based paint hazards as an attachment to a contract to sell target housing or as an attachment or within a contract to lease target housing in accordance with the Disclosure Rule requirements;
  • Sellers, lessors and agents must retain a copy of each Disclosure Rule statement and certification for at least three years from completion of the transaction; and
  • Each agent involved in any transaction to sell or lease target housing must ensure compliance with all requirements of the Disclosure Rule.

Click on this link to find EPA/HUD disclosure booklet in many languages

 

 

Pre-Renovation Education Rule (TSCA 406b Rule)

EPA regulations require renovators, working for compensation, to distribute a pamphlet to owners and occupants of most housing built prior to 1978 before commencing renovation activity. The pamphlet, entitled Renovate Right, discusses basic facts about lead and your health, how to choose a contractor if you are a property owner, what tenants, and parents/guardians of a child in a child care facility of school should consider, how to prepare for the renovation or repair job, what to look for during and after the job, and where to get more information.

Renovation, Repair, and Painting Program Disclosure Booklet

To report problems concerning disclosure, click on link below.

Report a potential violation of the Lead-Based Paint Disclosure Rule directly to the EPA (for use by the General Public)

Tip and Complaint Form  (fillable) -  For Local Health Departments to report a potential violation of the Lead-Based Paint Disclosure Rule