Frequent Questions About the EPA/HUD Real Estate Notification & Disclosure Rule

Other Frequent Questions About Lead

EPA and the U.S. Department of Housing and Urban Development (HUD) require sellers, landlords, real estate agents and property managers to provide specific information about known lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978. Find answers to frequent questions about the EPA/HUD Real Estate Notification & Disclosure Rule.

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Affected Housing

What type of housing is affected by the EPA/HUD Real Estate Notification and Disclosure Rule?

The EPA/HUD Real Estate Notification and Disclosure Rule applies to all housing defined as "target housing", which includes most private housing, public housing, housing receiving federal assistance and federally owned housing built before 1978, except housing for the elderly or persons with disabilities or any zero-bedroom dwelling (unless any child who is less than six years of age resides or is expected to reside in such housing).

Question Number: 23002-33207

What is the purpose of the EPA/HUD Real Estate Notification and Disclosure Rule, and who is affected?

To protect the public from exposure to lead from paint, dust and soil, Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X. Section 1018 of this law directed HUD and EPA to require disclosure of information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978. The rule ensures that purchasers and renters of housing built before 1978 receive the information necessary to protect themselves and their families from lead-based paint hazards.

Question Number: 23002-33206

What is target housing?

Target housing is defined in the Toxic Substances Control Act (TSCA) as any housing constructed before 1978, except housing for the elderly or persons with disabilities or any zero-bedroom dwelling. However, target housing does include pre-1978 housing for the elderly or persons with disabilities or any zero-bedroom dwelling, if any child under age six resides or is expected to reside in such housing.

Question Number: 23002-33341

What type of housing is affected by the EPA/HUD Real Estate Notification and Disclosure Rule?

Housing that is not affected by the EPA/HUD Real Estate Notification and Disclosure Rule includes:

  • Zero-bedroom units, such as lofts, efficiencies, dormitories and studios unless any child who is less than six years of age resides or is expected to reside there
  • Leases 100 days or less, such as vacation homes or short-term rentals where no lease renewal or extension can occur
  • Designated housing for the elderly or persons with disabilities unless any child who is less than six years of age resides or is expected to reside there
  • Housing in which painted surfaces have been tested by a certified inspector or risk assessor and found to be free of lead-based paint
  • Foreclosure sales
  • Housing built after 1977

Question Number: 23002-33208

Why doesn't the EPA/HUD Real Estate Notification and Disclosure Rule affect housing built after 1978?

Congress did not extend the law to housing built after 1978 because the Consumer Product Safety Commission banned the use of lead-based paint in housing in 1978.

Question Number: 23002-33210

Seller, Lessor & Property Owner Responsibilities

Am I required to give the EPA pamphlet "Protect Your Family From Lead in Your Home" to existing tenants?

No, but when tenants renew their leases, you must give them the pamphlet and any available reports. In other words, you must give them the same information that you are required to provide new tenants.

Question Number: 23002-33215

What if I know there is lead-based paint in my home?

If you know there is lead-based paint in your home, you are required to disclose this information to the buyer or renter along with available records and reports on the presence of lead-based paint and lead-based paint hazards in the home or building. For multi-unit buildings this includes all available records and reports for common areas and other units from building wide evaluations. Find more information about the Real Estate Disclosures about Potential Lead Hazards.

Question Number: 23002-33219

Is the seller required to remove any lead-based paint that is discovered during an inspection?

No. Nothing in the rule requires a building owner to remove lead-based paint or lead-based paint hazards discovered during an inspection or risk assessment. In addition, the rule does not prevent the two parties from negotiating hazard reduction activities as a contingency of the purchase and sale of the housing. 

Question Number: 23002-33218

Must I check my house for lead prior to sale?

No. The rule does not require that a seller conduct or finance an inspection or risk assessment. The seller, however, is required to provide the buyer a 10-day period to test for lead-based paint or lead-based paint hazards.

Question Number: 23002-33217

As a property owner, what am I required to do if I am selling target housing?

Property owners who sell target housing must:

  • Disclose any known information about lead-based paint and lead-based paint hazards in the home or building, which may include the location of the lead-based paint and condition of the painted surfaces
  • Provide all available records and reports on the presence of lead-based paint and lead-based paint hazards in the housing being sold; for multi-unit buildings, this includes those for common areas and other units from building-wide evaluations
  • Give buyers a copy of the Protect Your Family from Lead in Your Home pamphlet
  • Include a "Lead Warning Statement" explaining, among other things, that lead from paint can pose health hazards if not managed properly, which can be an attachment to or as language inserted into the contract, as well as signed statements from all parties verifying that all requirements were completed
  • Retain signed acknowledgments for three years after the sale is completed as proof of compliance
  • Give buyers a 10-day opportunity to test the housing for lead

Question Number: 23002-33213

What if the lessor knows that there is no lead-based paint in my rental housing?

If your rental housing has been found to be free of lead-based paint by a certified inspector, the Real Estate Notification and Disclosure Rule does not apply.

Question Number: 23002-33220

Real Estate Agent & Lender Responsibilities

Are mortgage lenders liable under these rules if the seller or lessor fails to disclose?

Under the disclosure regulation, the rule does not identify mortgage lenders as liable parties. This rule does not affect other state and federal provisions regarding the obligations and responsibilities of lenders.

Question Number: 23002-33229

What are my responsibilities as a real estate agent?

Real estate agents must inform sellers and lessors (e.g., property managers, landlords) of their obligations under the Real Estate Notification and Disclosure Rule. Agents are responsible, along with the seller or lessor, for complying with this rule as outlined unless the seller or lessor fails to disclose to the agent all information on lead-based paint or lead-based paint hazards. Detailed information about requirements under this rule can be found at Real Estate Disclosures about Potential Lead Hazards.

Question Number: 23002-33221

What is the responsibility of an agent if the seller or landlord fails to comply with the EPA/HUD Real Estate Notification and Disclosure Rule?

The agent is responsible for informing the seller or lessor of his or her obligations under the EPA/HUD Real Estate Notification and Disclosure Rule. In addition, the agent is responsible if the seller or lessor fails to comply. However, an agent is not responsible for information withheld by the seller or lessor.

Question Number: 23002-33222

Inspections & Qualified Professionals

Where can I find a qualified professional to conduct an inspection?

State agencies can provide helpful information for locating qualified professionals in your area. If you live in a state, territory or Tribal land where EPA administers the program, you can call the National Lead Information Center at 1-800-424-LEAD [5323] or search using EPA’s Lead-based Paint Professional Locator. It is important to verify the qualifications of individuals and firms before hiring them.

Question Number: 23002-33226

Must lead-based paint inspectors be certified?

Yes, lead-based paint inspectors must be certified by EPA or the EPA-authorized program in the jurisdiction(s) in which they provide lead-based paint inspection services.

Question Number: 23002-33227

Compliance, Enforcement & Liability

What if a seller or lessor fails to comply with these regulations?

A seller, lessor or agent who fails to give the proper information can be sued for triple the amount of damages. In addition, they may be subject to civil and criminal penalties. Ensuring that disclosure information is given to home buyers and tenants helps all parties avoid misunderstandings before, during and after sales and leasing agreements.

Question Number: 23002-33230

Does the EPA/HUD Real Estate Notification and Disclosure Rule increase my liability for future lead poisoning on my property?

In some cases, disclosure may actually reduce the owner’s liability since occupants may be able to prevent exposure from the beginning. Under the Real Estate Notification and Disclosure Rule, however, sellers, landlords or agents who fail to provide the required notices and information are liable for triple the amount of damages (42 U.S.C. § 4852d(b)(3)).

Question Number: 23002-33228

Buyer & Renter Responsibilities

What if I am renting target housing?

Landlords and property managers who rent out target housing must:

  • Disclose all known information about the presence of lead-based paint and lead-based paint hazards in the housing which may include the location of the lead-based paint and the condition of the painted surfaces
  • Provide all available records and reports on the presence of lead-based paint and lead-based paint hazards in the housing; for multi-unit buildings, this includes records for common areas and other units from building-wide evaluations
  • Give renters a copy of the Protect Your Family From Lead in Your Home pamphlet
  • Include a "Lead Warning Statement" in the lease explaining, among other things, that lead from paint can pose health hazards if not managed properly, which can be an attachment to or as language inserted into the lease, as well as signed statements from all parties verifying that all requirements were completed
  • Retain signed acknowledgments for three years, as proof of compliance

Question Number: 23002-33214

If I am renting, do I have the same opportunity to test for lead?

Under the law, the 10-day inspection period is limited to sales transactions, but nothing prevents the renter from negotiating with the lessor to allow time for an inspection before rental.

Question Number: 23002-33225

Can the inspection/risk assessment period for testing a house for lead be waived?

Yes. The inspection or risk assessment period can be lengthened, shortened or waived by mutual written consent between the purchaser and the seller.

Question Number: 23002-33224

As a purchaser, am I required to conduct and finance an inspection?

No. The EPA/HUD Real Estate Notification and Disclosure Rule simply ensures that you have the opportunity to test for lead before purchase.

Question Number: 23002-33223

Safety Basics

Is my home unsafe if it contains lead-based paint?

Approximately three-quarters of the nation’s housing built before 1978 contains some lead-based paint. This paint, if properly managed and maintained, poses little risk. If allowed to deteriorate, lead from paint can threaten the health of occupants, especially children under six years old. If families and building owners are aware of the presence of lead-based paint and the proper actions to take, most lead-based paint hazards can be managed. The Protect Your Family From Lead in Your Home pamphlet provides important information for families and homeowners to help them identify when lead-based paint is likely to be a hazard and how to get their home checked. 

Question Number: 23002-33212

Applicability to Common Areas & Accessibility

How does the EPA/HUD Real Estate Notification and Disclosure Rule apply to housing common areas such as stairwells, lobbies and laundry rooms?

Common areas are those areas in multifamily housing structures that are used or are accessible to all occupants. The EPA/HUD Real Estate Notification and Disclosure Rule requires that sellers and lessors disclose available lead information about common areas so that families can be informed about preventive actions. 

Question Number: 23002-33209

What if the buyers or renters don't speak English?

In cases where the buyer or renter signed a purchase or lease agreement in a language other than English, the rule requires that the disclosure language be provided in the alternate language. The Protect Your Family From Lead In Your Home is available in English and several other languages including:

  • Arabic
  • Chinese Simplified
  • Chinese Traditional
  • French
  • Korean
  • Polish
  • Russian
  • Somali
  • Spanish
  • Tagalog
  • Vietnamese

Question Number: 23002-33216

Standards & Rule Updates

What are the dust-lead hazard standards and dust-lead clearance levels now called?

Due to feedback from the public comments, EPA finalized changes to the nomenclature, from dust-lead hazard standards (DLHS) to dust-lead reportable level (DLRL) and from dust-lead clearance levels (DLCL) to dust-lead action level (DLAL). EPA believes this updated nomenclature aligns better and more intuitively with the operational function of the amendments EPA finalized in the November 12, 2024, final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416), which was effective January 13, 2025. For example, the new terminology makes it clear that if a dust-lead loading falls below the DLAL but above the DLRL, then dust-lead is still present in the environment, but the levels are below those prioritized for action.

Question Number: 23002-XXXXX

Will regulated entities have to perform retroactive requirements based off of the November 12, 2024, final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416)?

No. The November 12, 2024, final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416) does not impose retroactive requirements to regulated entities that have previously complied with the Disclosure Rule. In accordance with 40 CFR 745.107, a seller or lessor generally must properly disclose any available records or reports pertaining to known lead based paint (LBP) and/or LBP hazards before the purchaser or lessee is obligated under any contract to purchase or lease target housing. The seller or lessor is not required to disclose reports or records that may be created in the future, after the close of that transaction. Additionally, any LBP-free certification that was issued by a certified inspector and was issued before the effective date of this rulemaking, is still valid going forward and may continue to be used for exemption of leases from the Disclosure Rule under 40 CFR 745.101(b), as will any LBP-free certification issued on or after the effective date of this rulemaking.

Additionally, the final dust-lead action action levels (DLAL) of 5 micrograms per square foot (µg/ft2) for floors, 40 μg/ft2 for window sills, and 100 μg/ft2 for troughs would not impose retroactive requirements on regulated entities that have previously performed post-abatement dust-lead testing. These updated DLAL would only apply to post-abatement dust-lead sampling and analysis conducted after the compliance date for that portion of the final rule (i.e., January 12, 2026) for any LBP activities programs specifically run by EPA, which include (as of November 12, 2024): Alaska, Arizona, Florida, Idaho, Montana, Nevada, New Mexico, New York, South Carolina, South Dakota, Wyoming, American Samoa, Guam, Northern Marianas and the U.S. Virgin Islands, as well as most Tribal Lands.

Question Number: 23002-XXXXX

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Last updated on October 20, 2026