Landlords and Lead Based Paint

Upon sale or leasing of residential property built before 1978 the seller or lessor must comply with federal lead based paint disclosure requirements.[1] Failure to comply with these requirements may result in substantial fines. Even minor deviation from the required language may result in penalties as high as $11,000 per violation.[2]

The requirements include

  • (1) A Lead Warning Statement with certain specific mandatory language.
  • (2) Disclosure of

– the presence of known leadbased paint and/or lead-based paint hazards, or

– indicating no knowledge of the presence of lead-based paint and/or lead-based paint hazards

  • (3) Records:

– A list of any records or reports available pertaining to leadbased paint and/or lead-based paint hazards in the housing, or

– If no such records or reports are available, the lessor must so indicate

  • (4) A statement by the lessee affirming

– receipt of the above and

– The required lead hazard information pamphlet available at http://epa.gov/lead//pubs/leadprot.htm

  • (5) When any agent is involved in the transaction, a statement that:

– (i) The agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4852d; and

– (ii) The agent is aware of his/her duty to ensure compliance with the requirements

  • (6) The signatures of the lessors, agents, and lessees certifying to the accuracy of their statements to the best of their knowledge, along with the dates of signature.

The two required forms may be found at the Environmental Protection Agency website at

http://epa.gov/lead//pubs/leadprot.htm

and

http://epa.gov/lead//pubs/lesr_eng.pdf

Both forms are required.

This is not a substitute for legal advice. For advice about your circumstances contact a landlord attorney.


[1] 42 U.S.C. 4852d; 40 C.F.R. 745F.

[2] 15 U.S.C. 2615(a); 42 U.S.C. 4852d(b)(5); 40 C.F.R. 19.

Posted in Lead Based Paint.

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