A lead-based paint hazard disclosure is an important component of the rental process, and all landlords need to be aware of the rules and regulations regarding lead paint. While this is particularly important if you are renting to families with little kids who might accidentally ingest lead paint, all landlords must follow the law.
Make sure you are taking the required steps to give new renters necessary information about their home. Doing so will not only ensure that you are in compliance with government regulations, but will also assure your renters of their family’s safety when they sign a lease for your property.
When is a lead-based paint disclosure required?
Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also referred to as Title X, in order to provide protection for families at risk of exposure to lead from dust, soil, and paint. Part of the law requires landlords to disclose known information about lead-based paint and related hazards before selling or leasing most housing built prior to 1978.
Overall, if you own property built before that year, it’s quite likely that your building or apartment has lead-based paint. You need to comply with federal lead-based paint disclosure regulations and provide lead-based paint disclosure information to all of your renters. If you do not know how old your property is, check with either your local property assessor’s office or building department.
Types of housing covered by the law include:
- Federally owned housing
- Housing receiving federal assistance
- Public housing
- Most private housing
What to Know About Lead-Based Paint
Lead is particularly dangerous for young children, with exposure causing weakness and anemia. More serious side effects include kidney and brain damage. As a result, the United States banned lead paint in 1978. However, this paint still exists in many homes, sometimes under layers of new paint. When buildings are repainted with coats of new paint, it can become even harder to identify if there’s old lead-based paint left in the building .
If lead paint is not flaking or chipping, it usually is not a risk. However, when the paint starts to deteriorate in any way, it can get into the air as dust or soak into soil. Furthermore, small children and pets may eat paint chips and risk exposure that way.
Because lead paint poses serious hazards when it deteriorates, you must provide the lead-based paint disclosure form to all potential renters at residential properties built prior to 1978. These government forms warn new renters of the possible existence of lead paint in the interior walls of the building. This disclosure alerts people residing in an older building to watch out for cracking or chipping paint so they can notify recommended local authorities as soon as necessary.
Things that you and your renters can stay alert to if your property might contain lead paint include:
- Paint that is chipping, cracking, or peeling
- Wear and tear on susceptible areas (like banisters, door frames, fences, porches, stair railings, and window sills) that produces cracking or exposure to underlying paint layers
- Lead dust resulting from paint getting dry scraped or sanded
- Lead in surrounding soil caused by exterior flaking lead paint; this can pose a risk to children playing outside. People can also track the paint in on their shoes.
Lead-Based Paint Disclosure Requirements for Landlords
So, what does that mean for you as a landlord? You must disclose the presence of any known lead in a rental property or home.
According to the Environmental Protection Agency (EPA), landlords must give prospective renters of target housing (which includes most buildings built prior to 1978, when lead paint was first banned) the following:
- EPA-approved pamphlet: The EPA-approved pamphlet describes how to identify and control lead-based paint hazards.
- Known information: This includes any information you know about lead-based paint or lead-based paint hazards in the building. If your property is a multi-unit building, the requirement includes the records and reports that deal with common areas (like lounges or laundry areas) as well as other units.
- Lead disclosure attachment or language: You can either attach a lead disclosure to your lease agreement or insert language directly into the lease. Either way, you must include a “Lead Warning Statement” and confirm to the renters that you have complied with all requirements for notification. You will want to keep the lead paint form for at least three years after leasing a unit or other property.
You can find the lead-based paint hazard pamphlet in various languages on the website for the Department of Housing and Urban Development, or HUD. You will also find the lead paint warning statement there in both English and Spanish.
If you do need to disclose the presence of lead in an apartment or property, you should give prospective renters any records about either the inspection for and/or discovery of lead-based paint. You do not typically need to give this information each time a renter renews their lease, but remember to provide it whenever a new renter is signing a lease.
Are there exemptions to lead-based paint disclosure regulations?
Not all landlords need to provide these disclosures. In addition to lease renewals, other situations when you do not need to provide a lead-based paint disclosure include:
- Renting a unit or property constructed after January 1, 1978
- Renting a studio or loft that does not have bedrooms
- Renting your property for under 100 days.
- If your building or unit has passed a lead-free inspection conducted by a state-certified inspector
As a landlord, you play a big role in providing a safe living environment and protecting the health of people who rent from you. It’s important to make sure you are in compliance with all government regulations when it comes to lead-based paint disclosure. You’ll protect yourself legally and make sure your renters stay safe that way.
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