Lead-Based Paint Disclosure: It's the Law!
Lead-based paint in older apartment units poses a serious health threat to
the nation's children. That's why federal regulations require landlords
and leasing agents to disclose known lead-based paint hazards to
prospective tenants and provide them with a booklet about the dangers of
lead-based paint.
Years ago, not much was known about the dangers of lead-based paint in
rental housing, but in the 1970s, research began to reveal that children
exposed to lead poisoning from chipping and peeling paint could suffer
learning disabilities, hearing difficulties and growth retardation. These
problems occur when children eat lead-based paint chips or soil that
contains lead from paint or breathe air polluted by lead-based paint dust.
Lead dust enters the air when lead-based paint is dry scraped, dry sanded
or heated and can reenter the air if someone vacuums, sweeps or walks
through the dust. Common culprits for chipped or peeling paint include
windows, window sills, doors, door frames, stairs, railings, banisters,
porches and fences.
The regulations promulgated by the U.S.
Department of Housing and Urban Development and the U.S. Environmental Protection Agency (EPA)
apply to homes and apartments built before 1978, the year lead-based paint
was banned from use. Exemptions exist for dwellings with zero bedrooms
(e.g., studio or efficiency apartments, dormitory housing and military
barracks); housing specifically for elderly or disabled persons, unless a
child under the age of six is expected to reside in the home; housing that
has been certified as free of lead-based paint and housing leased for 100
or fewer days (e.g., motel or hotel rooms and vacation rentals). The
regulations also don't apply to renewals of existing leases when the
disclosures already have been made.
Before a prospective tenant becomes obligated under a lease or rental
agreement, the landlord must disclose any known lead-based paint hazards
(including lead paint dust), insert appropriate warning statements about
lead-based paint into the lease or rental agreement and provide the tenant
with a copy of the EPA-approved booklet, "Protect Your Family From Lead in
the Home," and copies of any reports from prior lead-based paint
inspections.
Real estate brokers acting as leasing agents have obligations under
the law too. Specifically, they are required to inform the landlord about
the regulations and make an effort to ensure compliance. Leasing agents
face no liability exposure for failure to disclose information of which
they are unaware.
Home buyers have a legal right to conduct a lead-based paint
inspection of the home they intend to purchase, but tenants have no such
right under the regulations. Landlords must disclose any hazards of which
they themselves are actually aware, but they have no obligation under the
regulations to test for the presence of lead-based paint. Tenants can
request a lead-based paint inspection or negotiate an inspection right into
the lease or rental agreement for the apartment.
The HUD and EPA Web sites offer additional information for consumers
about lead-based paint hazards and the federal real estate-related
disclosure regulations. Another resource is the National Lead Information Hotline
and Clearinghouse at (800) 424-LEAD. The names of certified lead
inspectors are provided by Lead
Listing at (888) LEAD-LIST.
Marcie Geffner writes columns that give valuable "how-to" tips and tricks for home buyers and home sellers. Marcie has been covering real estate issues for more than eight years, formerly as senior editor of California Real Estate magazine and now on a freelance basis. You can e-mail Marcie at mgeff@worldnet.att.net.
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Written by Marcie Geffner
