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New Real-Estate Notification & Disclosure (REND) Rule Requirements

for
Lead-Based Paint Are Now in Effect

On December 6, 1997, the Real Estate Notification & Disclosure (REND) Rule went into full effect. The REND Rule applies to owners of residential dwelling units built before 1978, the year lead-based paint was banned in the U.S. For owners of five or more residential dwelling units, the Rule became fully effective as of September 6, 1997. For owners of one to four residential dwelling units built prior to 1978, the Rule became fully effective as of December 6, 1997. 

On March 6, 1996, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Housing and Urban Development (HUD) promulgated joint regulations under Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is also called Title X of the Housing and Community Development Act of 1992 (Public Law 102-550), or "Title X". Congress passed Title X to address the need to control exposure to lead-based paint hazards, particularly to prevent lead poisoning in those most vulnerable to exposure, children under age 6. Section 1018 of Title X requires the disclosure of any known lead-based paint or lead-based paint hazards in most pre-1978 residential (target) housing. 

Specifically, section 1018 requires the following activities before a purchaser or lessee is obligated under a contract to purchase or lease target housing: 

(1) Sellers and lessors must provide purchasers and lessees with a lead hazard information pamphlet title "Project Your Family From Lead in Your Home"developed and approved by EPA;
(2) sellers and lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in such housing and provide purchasers with any lead hazard evaluation report available to the seller or lessor; 

(3) sellers must permit purchasers a 10-day opportunity to conduct a risk assessment or inspection for the presence of lead-based paint hazards; 

(4) sales contracts for pre-1978 housing must include a Lead Warning Statement and acknowledgment, signed by the purchaser; and 

(5) leases of target housing must include a Lead Warning Statement and acknowledgment, signed by the lessor.

EPA allowed a one-year grace period, from the September 6, 1996 and the December 6, 1996 dates respectively, to allow time for members of the regulated community to come into compliance with the notification and disclosure requirements before the agency took any enforcement action against them. As of September 6, 1997, EPA began to enforce against violations of the section 1018 lead-based paint notification and disclosure requirements for owners of five or more pre-1978 residential dwelling units. As of December 6, 1997, EPA began to enforce against violations by owners of one to four pre-1978 residential dwelling units. Penalties of up to $10,000 per violation may be issued for section 1018 violations. For more information on the notification and disclosure requirements, you may call the National Lead Information Center (NLIC) at 1-800-424-LEAD. Some common questions and answers on the new lead-based paint disclosure rule can also be seen on this web page. 

For More Information 

For further information regarding lead-based paint disclosure and compliance, please contact the EPA, Region III, Land and Chemicals Division at (215) 814-2091. 

City of Philadelphia Health Department: 215-685-2788 

Tenants' Action Group (TAG): 215-575-0700 

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Region 3 The Mid-Atlantic States

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