Enforcement in New England

Section 1018: The Real Estate Notification and Disclosure Rule

EPA and HUD are required by Congress under Section 1018 of Title X, the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. § 4852d, to jointly enforce the Real Estate Notification and Disclosure Rule ("Disclosure Rule"). The Disclosure Rule requires landlords, property management companies, real estate agencies, and sellers to inform potential lessees and purchasers of the presence of lead-based paint and lead-based paint hazards in pre-1978 housing. This ensures that potential tenants and home buyers are receiving the information necessary to protect themselves and their families from lead-based paint hazards prior to them being obligated to purchase or rent pre-1978 housing. EPA New England is currently coordinating with Federal partners to identify program activities, resources, and the best unified approach for enforcement and compliance of the Disclosure Rule in New England. EPA’s regulations are codified at 40 C.F.R. Part 745, Subpart F.

What is required?

Before signing of a contract for a housing sale or lease:

• Sellers and landlords must disclose known lead-based paint and lead-based paint hazards and provide available written 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 (CSPC), 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.
• Notification and disclosure language for the existence of lead paint hazards must be included in sales contracts and leasing agreements.
• Sellers, lessors, and real estate agents share responsibility for ensuring compliance.

Sample Disclosure of Information on Lead Paint Hazards

• Seller (PDF) (1 p., 16 KB, about PDF)
• Lessor (PDF) (1 p., 15 KB, about PDF)

Reporting a Section 1018/Disclosure Rule Violation
EPA New England will follow-up on tips and complaints from the public regarding non-compliance with the Section 1018/Disclosure Rule. You may call the EPA New England Call Center at 1-888-372-7341 to report a tip and complaint. Or you can report a Section 1018/Disclosure Rule violation via our website. You may also download a tip/complaint form (PDF) (3 pp., 39 KB, about PDF) and return it by fax or mail.

Need More Information?
For more information on this rule, please visit EPA National's Section 1018/Disclosure Rule website.

To receive a general information packet, to order other documents, or for detailed information or questions, you may call the National Lead Information Center's clearinghouse and speak with a specialist Monday through Friday, 8:30 am to 6:00 pm EST: 1-800-424-LEAD.