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The
Lead Disclosure Rule
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Congress passed the Residential Lead-Based Paint Hazard Reduction
Act of 1992, also known as Title X, to protect families from exposure
to lead from paint, dust, and soil. 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?
Before
ratification of a contract for housing sale or lease, sellers and
landlords must:
- Give
an EPA-approved information pamphlet on identifying and controlling
lead-based paint hazards ("Protect Your Family From Lead
In Your Home" pamphlet, currently available in English,
Spanish,
Vietnamese,
Russian,
Arabic
and Somali).
- Disclose
any known information concerning lead-based paint or lead-based
paint hazards. The seller or landlord must also disclose information
such as 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
multi-unit buildings, this requirement 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) which includes a Lead
Warning Statement and confirms that the seller or landlord has
complied with all notification requirements. This attachment is
to be provided in the same language used in the rest of the contract.
Sellers or landlords, and agents, as well as homebuyers or tenants,
must sign and date the attachment.
- Sellers
must 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.
Types of Housing Covered?
Most
private housing, public housing, Federally owned housing, and housing
receiving Federal assistance are affected by this rule.
Effective
Dates
The
regulations became effective on September 6, 1996 for transactions
involving owners of more than 4 residential dwellings and on December
6, 1996 for transactions involving owners of 1 to 4 residential
dwellings.
Recordkeeping
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.
What
Can You Do?
If
you did not receive the Disclosure of Information on Lead-Based
Paint and/or Lead-Based Paint Hazards form when you bought or leased
pre-1978 housing, contact 1-800-424-LEAD (5323).
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