San Francisco Apartment Association

Feature

The Lead-Based Paint Disclosure Rule

by the U.S. Department of Housing and Urban Development

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.

Before ratification of a contract for housing sale or lease, sellers and landlords must:

  • Give buyers and tenants an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, entitled “Protect Your Family From Lead in Your Home”;
  • Disclose any known information concerning lead-based paint or lead-based paint hazards, including the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces;
  • Provide any records and reports on lead-based paint and/or lead-based paint hazards, which are available to the seller or landlord (for multiunit buildings, this includes records and reports concerning common areas and other units, when such information was obtained as a result of a building-wide evaluation);
  • Include an attachment to the contract or lease (or language inserted in the lease itself) that includes a Lead Warning Statement and confirms that the seller or landlord has complied with all notification requirements (found on page 35). This attachment is to be provided in the same language used in the rest of the contract. Sellers or landlords, agents, as well as homebuyers or tenants, must sign and date the attachment; and
  • Provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity.

Most private, public, federal-owned and federal-assisted housing are affected by this rule. The regulations became effective on September 6, 1996, for transactions involving owners of more than four residential dwellings, and on December 6, 1996, for transactions involving owners of one to four residential dwellings.

Sellers and lessors must retain a copy of the disclosures for no less than three years from the date of sale or the date the leasing period begins.

For more information on working safely with lead paint, see HUD's fact sheet, "Lead Paint Can Poison: Protect Your Family When You Repaint or Remodel", or the booklet, "Lead Paint Safety: A Field Guide for Painting, Home Maintenance, and Renovation Work." For a free copy of each, call 1-800-424-LEAD. For a free brochure on other home safety issues, call HUD's Healthy Homes hotline at 1-800-HUDS-FHA or visit www.hud.gov.

The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Copyright © 2005 by the San Francisco Apartment Magazine. All rights reserved.