Most properties constructed prior to 1978 are subject to lead based paint disclosure laws.  This laws apply to leases in addition to sales.  There are exceptions for short-term leases, zero bedroom units (such as dormitories), and, unless children are present, housing for the elderly or disabled.    Failure to comply with the laws can result in fines against the landlord for as much as $11,000.00.   

To comply landlords must:  

1. give an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards (“Protect Your Family From Lead In Your Home” pamphlet)
2. disclose any known information concerning lead-based paint or lead-based paint hazards.
3. disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces
4. provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the landlord (for multi-unit buildings, this requirement includes records and reports concerning common areas and other units, when such information was obtained as a result of a building-wide evaluation)
5. include an attachment to the contract or lease (or language inserted in the lease itself) which includes a Lead Warning Statement and confirms that the  landlord has complied with all notification requirements. This attachment is to be provided in the same language used in the rest of the contract. Landlords, and agents, as well as tenants, must sign and date the attachment.  

For more information contact an  attorney or visit HUD’s website at  http://www.hud.gov/offices/lead/index.cfm.