Lead-Based Paint Disclosure
A mandatory disclosure that sellers and landlords of pre-1978 housing must provide to buyers and tenants regarding the presence of known lead-based paint or hazards. Required by 42 U.S.C. § 4852d and 24 CFR § 35.88 / 40 CFR § 745.107.
Also known as: lead paint disclosure, Title X disclosure, pre-1978 housing disclosure
Definition
The lead-based paint disclosure requirement mandates that sellers and landlords of most pre-1978 residential housing provide buyers and tenants with specific information about lead-based paint and lead-based paint hazards before sale or lease.
Statutory Authority
42 U.S.C. § 4852d (Residential Lead-Based Paint Hazard Reduction Act of 1992, "Title X") requires disclosure of known lead-based paint and lead-based paint hazard information in residential housing built before 1978.
Regulatory Implementation
HUD and EPA issued joint implementing regulations:
- 24 CFR Part 35, Subpart A (HUD — covers federally assisted housing)
- 40 CFR Part 745, Subpart F (EPA — covers all target housing)
Required Disclosure Components
For rental housing, the landlord must:
- Disclose any known lead-based paint or lead-based paint hazards in the unit
- Provide any available records or reports about lead-based paint in the property
- Provide the EPA-approved pamphlet: "Protect Your Family From Lead in Your Home" (40 CFR § 745.107(a)(2))
- Provide time (24-hour period, unless waived) for an independent lead inspection before signing the lease
- Attach a lead warning statement and signed disclosure form to the lease
Exemptions
The disclosure requirement does not apply to: zero-bedroom units (studios/efficiency); housing for the elderly or disabled (unless a child under six is expected to reside there); units certified free of lead-based paint; short-term rentals of 100 days or less.
Sources
- 42 U.S.C. § 4852d, Cornell LII —
cornell-lii - 40 CFR § 745.107, eCFR —
ecfr - 24 CFR § 35.88, eCFR —
ecfr - EPA.gov: Lead-Based Paint Disclosure —
epa-gov
Frequently asked questions
Statutory Authority
U.S.C. § 4852d (Residential Lead-Based Paint Hazard Reduction Act of 1992, "Title X") requires disclosure of known lead-based paint and lead-based paint hazard information in residential housing built before 1978.
How is Lead-Based Paint Disclosure implemented?
HUD and EPA issued joint implementing regulations: CFR Part 35, Subpart A (HUD — covers federally assisted housing) CFR Part 745, Subpart F (EPA — covers all target housing)
Required Disclosure Components
For rental housing, the landlord must: Disclose any known lead-based paint or lead-based paint hazards in the unit Provide any available records or reports about lead-based paint in the property Provide the EPA-approved pamphlet: "Protect Your Family From Lead in Your Home" (40 CFR § 745.107(a)(2)) Provide time (24-hour period, unless waived) for an independent lead inspection before signing the lease Attach a lead warning statement and signed disclosure form to the lease
What is exempt from Lead-Based Paint Disclosure?
The disclosure requirement does not apply to: zero-bedroom units (studios/efficiency); housing for the elderly or disabled (unless a child under six is expected to reside there); units certified free of lead-based paint; short-term rentals of 100 days or less.
Sources
U.S.C. § 4852d, Cornell LII — cornell-lii CFR § 745.107, eCFR — ecfr CFR § 35.88, eCFR — ecfr EPA.gov: Lead-Based Paint Disclosure — epa-gov