Kan. Admin. Regs. 28-72 § K.A.R. 28-72-53
Information distribution requirements.
Operative Text
(a) Renovations in target housing. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the renovator shall perform the following: (1) Provide the owner of the unit with the pamphlet and renovation notice and comply with one of the following: (A) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet and renovation notice; or (B) obtain a certificate of mailing at least seven days before the renovation; and (2) if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet and renovation notice and comply with one of the following: (A) Obtain from the adult occupant a written acknowledgment that the occupant has received the pamphlet and renovation notice, or certify in writing that the pamphlet and renovation notice have been delivered to the dwelling and that the renovator has been unsuccessful in obtaining a written acknowledgment from an adult occupant. This certification shall include the following: (i) The address of the unit undergoing renovation; (ii) the date and method of delivery of the pamphlet and renovation notice; (iii) the names of persons delivering the pamphlet and renovation notice; (iv) the reasons for lack of acknowledgment, including the occupant's refusal to sign and unavailability of adult occupants; (v) the signature of the renovator; and (vi) the date of signature; or (B) obtain a certificate of mailing at least seven days before the renovation. (b) Renovations in common areas. No more than 60 days before beginning renovation activities in common areas of multifamily housing, the renovator shall perform the following: (1) Provide the owner with the pamphlet and renovation notice and comply with one of the following: (A) Obtain from the owner a written acknowledgment that the owner has received the pamphlet and renovation notice; or (B) obtain a certificate of mailing at least seven days before the renovation; (2) provide a pamphlet and a renovation notice to each unit of the multifamily housing before the start of renovation. This notification shall be accomplished by distributing written notice to each affected unit. The notice from the renovator shall describe the general nature and locations of the planned renovation activities and the expected starting and ending dates; and (3) if the scope, location, or expected starting and ending dates of planned renovation activities change after the initial notification, provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification shall be provided before the renovator initiates work beyond that which was described in the original notice. (c) Written acknowledgment. Sample language for the written acknowledgments required in paragraphs (a)(1)(A), (a)(2)(A), and (b)(1)(A) shall be provided by the KDHE upon request from the renovator. These acknowledgments shall be written in the same language as that in the text of the contract agreement for the renovation or, in the case of non-owner-occupied target housing, in the same language as that in the lease or rental agreement or the pamphlet and shall include the following: (1) A statement recording the owner or occupant's name and acknowledging receipt of the pamphlet and renovation notice before the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of the signature; and (2) either a separate sheet or part of any written contract or service agreement for the renovation. (d) Lead poisoning prevention poster. (1) Each commercial establishment that offers paint or supplies intended for the removal or application of paint shall display, in a conspicuous location near the painting supplies, a poster containing a warning statement, with the following information at a minimum: (A) The dry sanding and the dry scraping of paint in dwellings built before 1978 are dangerous. (B) The improper removal of old paint is a significant source of lead dust and the primary cause of lead poisoning. (C) Renovators are required by regulation to notify owners and occupants of the hazards associated with lead paint before doing work. The commercial establishment shall also include contact information so that consumers and renovators can obtain more information. (2) Sample posters and materials that commercial establishments may use to comply with this subsection shall be available from KDHE. (e) Compliance. A commercial establishment shall be deemed to be in compliance with this regulation if the commercial establishment displays the lead poisoning prevention poster as required in subsection (d) and makes the pamphlet available to its customers.
K.A.R. 28-72-53 establishes information-distribution requirements that apply before renovation work begins in target housing (pre-1978 residential units) and in common areas of multifamily housing in Kansas. Renovators must deliver a lead-hazard pamphlet and renovation notice to property owners—and, when the unit is tenant-occupied, to an adult occupant—within a 60-day window before work starts, and must document that delivery through written acknowledgment or a certificate of mailing. The rule also requires paint and supply retailers to post a lead-poisoning prevention poster near painting supplies and to make the informational pamphlet available to customers.
Plain English — not legal advice.
Under K.A.R. 28-72-53, property owners who hire renovators for work in pre-1978 housing or multifamily common areas should expect to receive a lead-hazard pamphlet and a renovation notice before work begins, and to sign a written acknowledgment of receipt. Compliant operators keep copies of those acknowledgments—or the certificate of mailing used as an alternative—as part of their renovation records. When common-area work is planned, owners should also be aware that each affected unit must receive its own written notice describing the nature, location, and expected dates of the renovation, with updated notices required if those details change.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
K.A.R. 28-72-53 gives occupants of pre-1978 rental units the right to receive a lead-hazard pamphlet and a renovation notice from the renovator before any covered renovation work begins in their unit. If a tenant does not receive this information within the required timeframe, that gap may be relevant to a complaint or enforcement action, and tenants can contact the Kansas Department of Health and Environment (KDHE) for guidance on how the rule applies. Tenant-rights organizations can also help occupants understand what documentation the renovator is required to retain and what options may be available if the notice requirements under K.A.R. 28-72-53 were not followed.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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