HUD Handbook 4350.3 § 6-8
Lead-Based Paint Disclosure Form (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
HUD guidance — not codified law
In Force
Verified 9/24/2026 · Next check 10/1/2026
effective 9/24/2026FederalFederal Disclosure (Title X)Operative Text
HUD Handbook 4350.3 § 6-8
A. Applicability
The Disclosure Rule [40 CFR part 745, subpart F and 24 CFR part 35,
subpart A – Requirements for Disclosure of Known Lead-Based Paint and/or
Lead-Based Paint Hazards in Housing], published March 6, 1996, specifies the
types of information that owners must give to applicants prior to signing their
leases. These requirements apply to all properties built prior to January 1, 1978,
including cooperatives, with certain exemptions established by regulation.
*Figure 6-5* lists specific exemptions when the disclosure rule does not apply. If
a property is exempt, the owner does not need to comply with the requirements
discussed in this paragraph.
*Figure 6-5*: Disclosure Rule Exemptions
Residential structures built after January 1, 1978, are exempt from lead-based
paint requirements because Congress banned the use of lead-based paint for
residences after this date.
Rental property found to be lead-based paint free by a lead-based paint
inspector certified under the federal certification program or under a federally
accredited State or Tribal certification program is exempt.
Zero-room dwelling units, including single room occupancy (SRO) units, are
exempt.
Housing specifically designated for the elderly or persons with disabilities is
exempt, unless a child under age 6 resides or is expected to reside in the unit.
Short-term leases of 100 days or less when no lease renewal or extension can
occur.
B. Overview
1. For properties where the requirements apply, both owners and tenants
need to be aware of lead-based paint hazards, such as paint chips, paint
dust in units, and contaminated soil in common areas. Lead-based paint
is dangerous to adults and children, but especially to children under age
6. Units that are older, are in poor physical condition, have been
renovated unsafely, or have exterior lead-contaminated soil are at the
most risk. Nevertheless, owners in all applicable properties must provide
tenants with basic information on lead-based paint and its hazards, and
they must maintain an accurate record of this communication.
Compliance with these regulations is also crucial in order to reduce
liability and avoid lawsuits, obtain more favorable insurance premiums,
and avoid penalties for failing to meet government requirements.
2. This paragraph on lead-based paint focuses on the owners’ requirements
during the leasing process. Lead-based paint requirements that must be
met during the life of the property are discussed in Handbook 4350.1,
Multifamily Asset Management and Project Servicing or other current
Notices. These requirements include:
a. Visual assessments to identify deteriorated paint or (for assistance
over $5,000 per unit annually) risk assessments to identify lead-
based paint hazards;
b. Paint stabilization or (for assistance over $5,000 per unit annually)
interim controls with clearance testing when appropriate;
c. Ongoing paint maintenance and (for assistance over $5,000 per
unit annually) re-evaluation every two years to identify hazards;
d. Notification of tenants about the actions above; and
e. Special actions when a child under six years old is reported to
have high blood lead levels.
REMEMBER: Compliance with fair housing requirements applies when
complying with the lead-based paint regulations. Owners may not refuse
to rent to households with children to avoid triggering lead paint
requirements, because this would constitute discrimination based on
familial status.
3. Owners may affirmatively market the following types of units to families
with children under age six:
a. Units that are built after January 1, 1978; and
b. Units that are built prior to January 1, 1978 and found to be free of
lead hazards.
4. Owners must disclose known lead-based paint and/or lead-based paint
hazards in the property and provide the EPA/HUD/Consumer Product
Safety Commission (CPSC) Lead Hazard Information Pamphlet (Protect
Your Family from Lead In Your Home) to tenants when leases are
renewed, modified, or renegotiated, unless no new information on those
subjects has come into the possession of the owner and the owner has
already provided the tenants with the disclosure information and the
pamphlet. This is in accordance with 24 CFR 35.82(d), in the Lead
Disclosure Rule.
C. Disclosure Rule Requirements
1. Prior to leasing, owners must provide the tenant with two items:
a. Lead Hazard Information Pamphlet. Owners must provide tenants
of a residential property with the EPA/HUD/Consumer Product
Safety Commission (CPSC) Lead Hazard Information Pamphlet
(Protect Your Family from Lead In Your Home), or an EPA-
approved equivalent. Owners are required to document that the
tenant was given a copy of the pamphlet before signing the lease.
NOTE: The Lead Hazard Information Pamphlet distributed to
meet the Disclosure Rule requirement is the same pamphlet
distributed for other lead-based paint requirements (e.g., the
Lead-Based Paint Pre-Renovation Education Rule). It does not
have to be distributed twice, so long as you can document that it
has been provided.
b. Disclosure form. Owners must include the disclosure form in the
lease packet and obtain the prospective tenant's signature before
he or she signs the lease. (Exhibit 6-3 contains a copy of the
Disclosure Form.) The disclosure form is designed to document
receipt of the Lead Hazard Information Pamphlet and to meet
three disclosure requirements, as follows:
(1) Disclose the presence of known lead-based paint/hazards.
Owners of target housing must disclose the presence of
known lead-based paint and/or lead-based paint hazards.
The disclosure form has a line for owners to mark to verify
that lead-based paint/hazards have been disclosed.
(2) Disclose information on lead-based paint/hazards. Owners
must provide applicants with any available records or
reports pertaining to the presence of lead-based paint
and/or lead-based paint hazards. Owners must provide
applicants with procedures to obtain access to any
available records or reports pertaining to the presence of
lead-based paint and/or lead-based paint hazards. The
disclosure form has a line for owners to mark to verify that
copies of all relevant records and reports have been
provided to the applicant. The form also documents if
there are no records or reports available.
(3) Include contract language. Leasing contracts must include
a Lead Warning Statement and an acknowledgment
section to be signed by the prospective tenant, the owner
and any agent. The owner must present the disclosure
form signed by the owner and the Lead Hazard Information
Pamphlet to the prospective tenant before the tenant signs
the lease. The disclosure form has the Lead Warning
Statement printed at the top and a place at the bottom for
the applicant to sign acknowledging disclosure and receipt
of the Lead Hazard Information Pamphlet.
(4) Recommended practice. The tenant briefing is an ideal
time to provide applicants with the Lead Hazard
Information Pamphlet and to give them the opportunity to
review the Disclosure Form. (See paragraph 6-27 Briefing
with New Tenants.)
D. Record-Keeping Requirements
There are specific records that owners must keep to verify their compliance with
the Disclosure Rule requirements.
1. Disclosure form. Owners must keep records of the Disclosure Form
provided to each tenant for three years from the commencement of the
leasing period.
2. Lead Hazard Information Pamphlet. A record of the distribution of the
Lead Hazard Information Pamphlet is required under the HUD-EPA
Disclosure Rule and the EPA Lead Pre-Renovation Education Rule. A
record is not required under the new HUD regulation, but it is
recommended.Source: Legislative text reproduced verbatim
Effective Timeline
Current
Sep 24, 2026
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Related Rules
§ 574.635
§ 574.635 Lead-based paint.
§ 196
Prohibited acts relating to lead-based paint, glaze or other substance; punishment; embargo of personal property
§ 35.940
§ 35.940 Special requirements for insular areas.