| Legislative
History |
| The
residential Lead-Based Paint Hazard Act of 1992, also referred to as Title
X, required the U.S. Environmental Protection agency (EPA) and the U.S. Department
of Housing and Urban Development (HUD)
to develop regulations for the disclosure of lead-based paint hazards
in homes built before 1978 that are offered for sale or lease. These regulations,
known as Final
Rule -- Lead; Requirements for Disclosure of Known Lead-Based Paint in
Housing (24CFR Part 35 and 40 CFR Part 745) were published on March
6, 1996. |
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Effective Dates |
September
6, 1996 for owners of more than four residential dwellings.
December 6, 1996 for owners of one to four residential dwellings. |
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Requirements |
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Under
the new law, before finalizing a contract to purchase or lease a home
built before 1978:
- Sellers,
landlords or their agents must disclose known information regarding
lead based paint/hazards in the housing, including copies of any inspection
reports. Sales contracts and leasing agreements must contain specific
elements. Click here for more details on this. Copies must be retained
for three years;
- Sellers,
landlords or their agents must provide purchasers and renters with
an EPA-approved lead hazard information pamphlet. Such pamphlets include
the EPA document entitled Protect
Your Family from Lead in Your Home; (EPA #747-K-94-001); and;
- Purchasers
have ten days to inspect/test for lead hazards. This time period may
be shortened, lengthened, or waived by mutual written consent.
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Resources |
- Real
Estate Notification and Disclosure Rule, the "Protect Your Family
from Lead in Your Home", in English or Spanish and other information
about the new law visit EPA's
Web-Site -OR- contact the EPA at 1-800-424-LEAD
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Exemptions |
- "0-bedroom
dwellings" such as studios, dormitories, lofts, etc.
- Leases
of 100 days or fewer, such as vacation homes and short term rentals
- Housing
designated for the elderly or handicapped unless child resides there
- Rental
housing that has been inspected by a certified inspector and is found
to be free of lead-based paint. Lead-based paint is defined as a coating
containing lead equal to or in excess of 1.0 milligram per squared
centimeter or 0.5% by weight.
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Penalties |
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A
seller, lessor, or agent who fails to comply with these regulations
may be subject to the following penalties:
- Civil:
Violators can be subject to penalty provisions (TSCA section 16) of
up to $10,000 for each violation
- Criminal:
Any person who "knowingly and willfully" violates
the law could also be subject to, upon conviction, "a fine
of not more than $10,000 or to imprisonment for not more than 1 year,
or both."
- Triple
damages: In addition to EPA and HUD enforcement authority,
the law states that "Any person who knowingly violates the
provisions of this section shall be jointly and severely liable to
the purchaser or lessee in an amount equal to 3 times the amount of
damages incurred by such individual"
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Questions and Answers |
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Q.
WHAT ARE MY RESPONSIBILITIES AS AN AGENT OR PROPERTY MANAGEMENT COMPANY?
A. Agents and owners share responsibility for ensuring compliance
with the new law. Agents are required to inform owner of his/her obligations,
and ensure he/she has performed all activities required under the law.
Q.
AM I REQUIRED TO GIVE THIS INFORMATION (PAMPHLETS, DISCLOSURE INFORMATION,
ETC) TO EXISTING TENANTS?
A. No, but when an existing leasing agreement is modified (i.e.
renewed, rent increased, lessees added/deleted, etc.) you must give
existing tenants the information specified under the law.
Q.
DO THE NEW REGULATIONS REQUIRE OWNERS TO HAVE THEIR PROPERTY INSPECTED?
A. No. The law does not require an owner to conduct or finance
an inspection. Sellers are required to give buyers a 10-day opportunity
to test the housing for lead paint/hazards.
Q.
IS THE OWNER REQUIRED TO REMOVE LEAD-BASED PAINT OR LEAD-HAZARDS
FROM THE PROPERTY?
A. No. Nothing in the rule requires a building owner to remove
lead-based paint or lead hazards.
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