Effective Date: January 1, 2025

Overview
Lead-based paint was banned for residential use in 1978, but it remains in many older homes across the U.S. When in good condition, it may not pose a hazard; however, deteriorating lead-based paint can create serious health risks, particularly for young children and pregnant women. The federal Lead-Based Paint Disclosure Rule requires certain parties to provide disclosures about lead paint in housing built before 1978.

Who Must Comply
The following individuals and entities are responsible for ensuring compliance with the Disclosure Rule:

• Sellers of residential real estate
• Landlords of rental properties
• Real estate agents
• Property managers

These parties must provide disclosures before a buyer signs a purchase agreement or a renter signs a lease.

Required Disclosures
Before the completion of a lease or sale, the following must be disclosed to the buyer or renter:

1. EPA Pamphlet: Buyers and renters must receive the EPA’s Protect Your Family From Lead In Your Home brochure.
2. Known Lead Hazards: Disclosure of any known lead-based paint or lead-based paint hazards in the property, including their locations and current condition.
3. Records and Reports: All available reports or records about lead paint hazards must be provided, including those from common areas in multi-unit buildings.
4. Lead Warning Statement: A federally approved statement must be included in the lease or sales contract confirming the disclosure of lead-based paint hazards.
5. Inspection Period: Buyers must be given a 10-day period (or mutually agreed-upon timeframe) to conduct a lead-based paint inspection or risk assessment.
6. Recordkeeping: Sellers and landlords must retain signed copies of the disclosures for at least three years from the start of the lease or the closing of the sale.
7. Electronic Disclosures: If provided electronically, buyers or renters must give consent and be able to access and retain all documents electronically.

Exemptions from the Disclosure Rule
The Disclosure Rule does not apply to the following housing types:

• Zero-bedroom dwellings (e.g., studios or dormitories), unless a child under six resides there.
• Short-term leases of 100 days or less with no renewal option.
• Housing for the elderly or disabled, unless a child under six is expected to live there.
• Homes that have been certified by a professional to be free of lead-based paint.
• Foreclosure sales.
• Residential dwellings built after 1977.

Role of Real Estate Agents
Agents are required to inform sellers or landlords of their obligations under the Disclosure Rule and ensure compliance. Agents may be held liable if they fail to relay necessary information or if the required disclosures are not provided.

Penalties for Non-Compliance
Failure to comply with lead disclosure laws may result in civil penalties and legal consequences. Sellers, landlords, agents, and property managers who do not provide proper lead-based paint disclosures can be subject to enforcement action by the EPA.

Reporting Violations
If you believe you were not properly informed about potential lead hazards in a pre-1978 home you purchased or rented, you can file a report with the U.S. Environmental Protection Agency:

www.epa.gov/lead/violation

Need More Information?
Understanding your rights and responsibilities under the Lead-Based Paint Disclosure Rule is essential for protecting your family and making informed housing decisions. If you have questions or need guidance, contact our team for assistance.