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 pregnant women.

BACKGROUND

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

Before ratification 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 or renters.
• 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 Your Home.
• 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 compliance.

• 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.

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 live there).
• 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 paint.
• Foreclosure sales.

• 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.

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 Federal Lead Based Paint Disclosure Form and Pamphlet:

Lead Based Paint Disclosure Form

 Pamphlet- Protect Your Family From Lead in the Home