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About the Lead Disclosure Rule

For more information about the Lead Disclosure Rule visit, http://www.epa.gov/reg3wcmd/lp-disclosurerule.htm


Q:What is the Lead Disclosure Rule?

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.

Q: What are the specific requirements of the Lead Disclosure Rule?

A:  The Lead Disclosure Rule requires Sellers and Lessors and/or their Agents, of pre-1978 residential properties ("target housing") to:

Q: What is the purpose of the Lead Disclosure Rule?

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.)

Q: Are there any exemptions to the Lead Disclosure Rule?

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.

Region 3 The Mid-Atlantic States

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