One provision of Title X directly imposes requirements on owners of private housing. The joint EPA and HUD regulation was published 6 March 1996 and is titles Requirements for Disclosure of Know Lead-Based Paint and/or Lead-Based Paint Hazards in Housing(40 CFR Part 745 and 24 CFR Part 35).
The rule became fully effective on 6 December 1996. The rule requires the following before a purchaser or lessee of housing built before 1978 (i.e., target housing) is obligated under any contract:
· The seller or lessor (landlord) shall provide the purchaser or lessee an EPA-approved lead hazard information pamphlet (Protect Your Family From Lead in Your Home);
· The seller or lessor (landlord) shall disclose to the purchaser or lessee and each agent the presence of any known lead-based paint or lead-based paint hazards in the target housing being sold or leased. Additionally, the seller or lessor must provide a copy of any record or reports and disclose any additional information available concerning the LBP or LBP hazards (e.g., basis for the determination that LBP or LBP hazards exist, location of LBP or LBP hazards, condition of the painted surfaces). This requirement includes common areas.;
· The sales/rental contract shall include a lead warning statement and a statement signed by the purchaser or lessee, the seller and lessor, and agents.
· The purchaser shall be given at least 10 days (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection (this last item applies only to sales or target housing).
Housing exempted from the disclosure rule
Some types of pre-1978 housing units are exempted from the disclosure rule. These examples include:
· Target housing sold at foreclosure;
· Zero-bedroom units (e.g., barracks, dormitories, studio apartments, lofts);
· Short-term rentals (100 days or less);
· Housing specifically for the elderly or handicapped, unless any one or more children and 6 years or under resides or is expected to reside in such housing;
· Housing for lease that has been inspected and found to be lead-based paint free by a certified inspector or risk assessor.
Whenever a seller or lessor enters into a contract with an agent, the agent shall ensure that this regulation is compiled with.
This regulation introduces the term “lead-based paint free.” For the purposes of this rule, EPA and HUD have defined lead-based paint free housing as target housing that has been found to be free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or 0.5 percent by weight.
Owners of rental properties that are found to be LBP-free are exempted from the lead disclosure requirements. This LBP-free exemption is applicable only to rental of target housing and not to the sale. If a LBP-free rental dwelling is subsequently sold, all the provisions of this rule would apply again.
Required Lead Warning Statements
Target Housing Sales Contracts
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavior problems, and impaired memory. Lead poisoning also poses a risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards.
A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Target Housing Lease Contracts
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet of lead poisoning prevention.
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