Federal Lead Based Paint Disclosure and Forms
Fact Sheet on Lead-Based Paint Disclosure
Source: U.S. Environmental Protection
Agency, Prevention, Pesticides, and Toxic Substances,
EPA-747-F-96-002, March 1996 (7404)
EPA and HUD Move to Protect Children
from Lead-Based Paint Poisoning;
Disclosure of Lead-Based Paint Hazards in Housing
The Environmental Protection Agency (EPA) and the
Department of Housing and Urban Development (HUD)
are announcing efforts to ensure that the public receives
the information necessary to prevent lead poisoning
in homes that may contain lead-based paint hazards.
Beginning this fall, most home buyers and renters
will receive known information on lead-based paint
and lead-based paint hazards during sales and rentals
of housing built before 1978. Buyers and renters will
receive specific information on lead-based paint in
the housing as well as a federal pamphlet with practical,
low-cost tips on identifying and controlling lead-based
paint hazards. Sellers, landlords, and their agents
will be responsible for providing this information
to the buyer or renter before sale or lease.
LEAD-BASED PAINT IN HOUSING
Approximately three-quarters of the
nation's housing stock built before 1978 (approximately
64 million dwellings) contains some lead-based paint.
When properly maintained and managed, this paint poses
little risk. However, 1.7 million children have blood-lead
levels above safe limits, mostly due to exposure to
lead-based paint hazards.
EFFECTS OF LEAD POISONING
Lead poisoning can cause permanent
damage to the brain and many other organs and causes
reduced intelligence quotient and behavioral problems.
Lead can also cause abnormal fetal development in
To protect families 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 the disclosure
of known information on lead-based paint and lead-based
paint hazards before the sale or lease of most housing
built before 1978.
WHAT IS REQUIRED
of a contract for housing sale or lease:
- Sellers and landlords
must disclose known lead-based paint and lead-based
paint hazards and provide available reports to buyers
- Sellers and landlords
must give buyers and renters the pamphlet, developed
by EPA, HUD, and the Consumer Product Safety Commission
(CPSC), titled Protect Your Family From Lead in
- Home buyers will
get a 10-day period to conduct a lead-based paint
inspection or risk assessment at their own expense.
The rule gives the two parties flexibility to negotiate
key terms of the evaluation.
- Sales contracts
and leasing agreements must include certain notification
and disclosure language.
- Sellers, lessors,
and real estate agents share responsibility for ensuring
WHAT IS NOT REQUIRED
- This rule does not require any testing
or removal of lead-based paint by sellers or landlords.
- This rule does not invalidate leasing
and sales contracts.
TYPE OF HOUSING COVERED
Most private housing, public housing,
federally owned housing, and housing receiving federal
assistance are affected by this rule.
TYPE OF HOUSING NOT COVERED
- Housing built after 1977 (Congress
chose not to cover post-1977 housing because the CPSC
banned the use of lead-based paint for residential
use in 1978).
- Zero-bedroom units, such as efficiencies,
lofts, and dormitories.
- Leases for less than 100 days, such
as vacation houses or short-term rentals.
- Housing for the elderly (unless children
- Housing for the handicapped (unless
children live there).
- Rental housing that has been inspected
by a certified inspector and found to be free of lead-based
- Foreclosure sales.
When selling your home a lead based paint
- 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.
The following PCD is in .pdf format.
Abode® acrobat reader is required to view this file.
If you click on the file and nothing happens you probably
do not have Acrobat Reader® installed on your computer.
The program is free and downloadable by clicking on
the Adobe link.
Federal Lead Based Paint Disclosure
Form and Pamphlet:
Based Paint Disclosure Form
Protect Your Family From Lead in the Home
Fifty States Realty, Inc 2002, 2003. All rights reserved.
New York 14301