About the Lead Disclosure Rule
- What is the Lead Disclosure Rule?
- What are the specific requirements of the Lead
- What is the purpose of the Lead Disclosure Rule?
- Are there any exemptions to the Lead Disclosure Rule?
For more information about the Lead Disclosure Rule visit, http://www.epa.gov/reg3wcmd/lp-disclosurerule.htm
A: The Real Estate Notification Rule
(also referred to as the "Lead Disclosure Rule" or the "Disclosure
Rule") is a right-to-know law that requires notification and disclosure
of certain lead-based paint information. The Lead Disclosure Rule
took effect on September 6, 1996 (for sellers and lessors of five or more
residential dwelling units) and on December 6, 1996, (for sellers or lessors
of one to four residential dwelling units). One "residential
dwelling unit" would be one apartment in a multi-unit apartment building.
A single rowhouse, or townhouse, is considered to be one residential
dwelling unit. A rowhouse divided into two apartments is considered
to be two units.
A: The Lead Disclosure Rule requires Sellers and Lessors and/or their Agents, of pre-1978 residential properties ("target housing") to:
- Provide the EPA Pamphlet "Protect Your Family From Lead In Your Home." (Bulk quantities of the pamphlet can be ordered from the Government Printing Office at (202) 512-1800, or the pamphlet can be viewed on the Web.
- Provide a Lead Warning Statement to prospective purchasers or tenants.
- Provide purchasers a notice of a 10-day opportunity to inspect for lead-based paint in the property to be purchased.
- Indicate whether the Seller or Lessor has actual (documented) knowledge of the presence of lead-based paint in the sale or rental property.
- Provide certifications and acknowledgments for the lead-based paint requirements in a Contract for Sale (also called "Agreement of Sale") or in a lease, as either an attachment or in the body of the sale or lease agreement.
A: The Lead Disclosure Rule was enacted
to inform tenants and purchasers of pre-1978 residential properties about
the dangers of lead-based paint and to require disclosure of any actual
(documented) knowledge of lead-based paint. The Lead Disclosure
Rule also requires that such notification and disclosure to a tenant or
purchaser be provided and documented before the tenant or purchaser becomes
obligated under a lease or sale agreement, to lease or purchase a pre-1978
residential rental property. It is believed that providing such
notification and disclosure to prospective tenants and purchasers will
help to reduce the exposure to lead based paint which causes serious lead
poisoning especially to children under age 6, who are particularly susceptible
to the hazards of lead. (www.epa.gov/lead.)
A: Yes. If the residential unit being leased or purchased is a zero bedroom dwelling, if it is housing for the elderly (and no children under age 6 reside there), or if the unit has been certified as "lead-based paint free" by a certified lead based-paint inspector or risk assessor, then the Lead Disclosure Rule does not apply.