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General Public Becomes Increasingly Aware of the Dangers of Lead-Based Paint Are you Making the Proper Disclosures?

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act, also known as Title X. This law requires that sellers, landlords, brokers and managers of certain residential properties disclose information on lead-based paint and related hazards before the sale or lease of most dwellings built before 1978. The effective date for owners or landlords of more than 4 units was September 6, 1996 and for owners or landlords of 4 or fewer units, December 6, 1996.

Certain types of dwellings are not affected by this law:

  1. Dwellings purchased at a foreclosure sale;
  2. Zero-bedroom dwellings (efficiencies, studios, etc.);
  3. Leases of 100 days or fewer;
  4. Designated housing for elderly and handicapped (unless children will be present) deemed to be in short supply; and
  5. Dwellings that have been inspected and certified to be free of lead-based paint.

Sellers and landlords of dwellings covered by this law must do the following:

  1. Disclose all known lead-based paint and related hazards in the dwelling and any available reports on lead in the dwelling;
  2. Give buyers the EPA pamphlet about lead in the home;
  3. Include warning language in purchase or rental agreements;
  4. Retain signed acknowledgements that the proper disclosures were made for 3 years.

In addition, sellers must give buyers a 10-day opportunity to test the dwelling for lead.

If this sounds like old news to you, then we are pleased to hear that. We just wanted to take this time at the beginning of the new year to remind you of the disclosure requirements. The general public is becoming more and more aware of lead-based paint and its associated hazards. Most dwellings constructed prior to 1978 have a strong likelihood of the presence of lead-based paint. Accordingly, even if you are unsure as to the presence of lead based paint, a disclosure should consist of notifying the prospective buyer or tenant of the year the dwelling was built and the fact that many buildings built prior to a certain year may contain lead-based paint. Making this disclosure will ensure that the issue is brought to the attention of the appropriate parties and those parties wanting more information can follow the instructions in the EPA pamphlet you are required to provide.

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