Disclosure of Lead Based paint

from the National Lead Information Center Fact Sheet on Lead-Based Paint Disclosure Rule
Source: U.S. Environmental Protection Agency, Prevention, Pesticides, and Toxic Substances, EPA-747-F-96-002, March 1996 (7404)

FACT SHEET
EPA and HUD Move to Protect Children from Lead-Based Paint Poisoning;
Disclosure of Lead-Based Paint Hazards in Housing

SUMMARY
The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) are announcing efforts to ensure that the public receives the information necessary to prevent lead poisoning in homes that may contain lead-based paint hazards. Beginning this fall, most home buyers and renters will receive known information on lead-based paint and lead-based paint hazards during sales and rentals of housing built before 1978. Buyers and renters will receive specific information on lead-based paint in the housing as well as a Federal pamphlet with practical, low-cost tips on identifying and controlling lead-based paint hazards. Sellers, landlords, and their agents will be responsible for providing this information to the buyer or renter before sale or lease.

LEAD-BASED PAINT IN HOUSING
Approximately three-quarters of the nation's housing stock built before 1978 (approximately 64 million dwellings) contains some lead-based paint. When properly maintained and managed, this paint poses little risk. However, 1.7 million children have blood-lead levels above safe limits, mostly due to exposure to lead-based paint hazards.

EFFECTS OF LEAD POISONING
Lead poisoning can cause permanent damage to the brain and many other organs and causes reduced intelligence and behavioral problems. Lead can also cause abnormal fetal development in pregnant women.

BACKGROUND
To protect families 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 the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

Sellers and landlords must disclose known lead-based paint and lead-based paint hazards and provide available reports to buyers or renters.
Sellers and landlords must give buyers and renters the pamphlet, developed by EPA, HUD, and the Consumer Product Safety Commission (CPSC), titled Protect Your Family from Lead in Your Home.
Home buyers will get a 10-day period to conduct a lead-based paint inspection or risk assessment at their own expense. The rule gives the two parties flexibility to negotiate key terms of the evaluation.
Sales contracts and leasing agreements must include certain notification and disclosure language.
Sellers, lessors, and real estate agents share responsibility for ensuring compliance.

WHAT IS NOT REQUIRED

This rule does not require any testing or removal of lead-based paint by sellers or landlords.
This rule does not invalidate leasing and sales contracts.

TYPE OF HOUSING COVERED
Most private housing, public housing, Federally owned housing, and housing receiving Federal assistance are affected by this rule.

Housing built after 1977 (Congress chose not to cover post-1977 housing because the CPSC banned the use of lead-based paint for residential use in 1978).
Zero-bedroom units, such as efficiencies, lofts, and dormitories.
Leases for less than 100 days, such as vacation houses or short-term rentals.
Housing for the elderly (unless children live there).
Housing for the handicapped (unless children live there).
Rental housing that has been inspected by a certified inspector and found to be free of lead-based paint.
Foreclosure sales.

EFFECTIVE DATES

For owners of more than 4 dwelling units, the effective date is September 6, 1996.
For owners of 4 or fewer dwelling units, the effective date is December 6, 1996.

THOSE AFFECTED
The rule will help inform about 9 million renters and 3 million home buyers each year. The estimated cost associated with learning about the requirements, obtaining the pamphlet and other materials, and conducting disclosure activities is about $6 per transaction.

EFFECT ON STATES AND LOCAL GOVERNMENTS
This rule should not impose additional burdens on states since it is a Federally administered and enforced requirement. Some state laws and regulations require the disclosure of lead hazards in housing. The Federal regulations will act as a complement to existing state requirements.

FOR MORE INFORMATION
For a print copy of Protect Your Family from Lead in Your Home, the sample disclosure forms, or the rule, call the National Lead Information Clearinghouse (NLIC) at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You may also send your request by fax to (202) 659-1192 or by Internet E-mail to ehc@cais.com. Visit the NLIC on the Internet at http://www.nsc.org

Bulk copies of the pamphlet are available from the Government Printing Office (GPO) at (202) 512-1800. Refer to the complete title or GPO stock number 055-000-00507-9. The price is $26.00 for a pack of 50 copies. Alternatively, persons may reproduce the pamphlet, for use or distribution, if the text and graphics are reproduced in full. Camera-ready copies of the pamphlet are available from the National Lead Information Clearinghouse.

For specific questions about lead-based paint and lead-based paint hazards, call the National Lead Information Clearinghouse at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired.

The EPA pamphlet and rule are available electronically and may be accessed through the Internet. Electronic Access: gopher.epa.gov:70/11/Offices/PestPreventToxic/Toxic/lead_pm; through the World Wide Web: http://www.epa.gov/opptintr/lead or at http://www.hud.gov/. Tel: (919) 558ñ0335; FTP: ftp.epa.gov (to login, type "anonymous"; your password is your Internet E-mail address).

Lead Based Paint Disclosure