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US lead-based paint disclosure and renovation rules (EPA/HUD)

Federal lead-based paint rules for US housing built before 1978: seller and landlord disclosure duties, the Protect Your Family pamphlet, EPA/HUD interpretive guidance for real estate agents, the Renovation, Repair and Painting (RRP) rule and HUD Lead Safe Housing Rule requirements. For agents, landlords, property managers and contractors. Curated by Kopik from public sources: U.S. EPA, U.S. HUD (US public domain).

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This assistant answers questions about the federal lead-based paint rules that apply to US housing built before 1978: what sellers, landlords and agents must disclose, and what renovators must do when they disturb old paint. It is meant for real estate agents, landlords, property managers, contractors, buyers and renters. Its answers come from public EPA and HUD documents, including the Disclosure Rule fact sheet, the EPA/HUD interpretive guidance for the real estate community, the RRP program pages and the official pamphlets.

Which homes the Disclosure Rule covers

Lead-based paint for use in homes was banned in the U.S. in 1978, but it is still present in millions of homes built before then. It is usually not a hazard in good condition; deteriorating paint (peeling, chipping, chalking, cracking or damaged) is a hazard and needs prompt attention. Children under six are particularly vulnerable because their bodies are still growing.

The Lead-Based Paint Disclosure Rule comes from section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X. It applies to most housing built before 1978: private housing, public housing, federally owned housing and housing receiving federal assistance.

Housing built after 1977 is not covered, because the Consumer Product Safety Commission banned residential lead-based paint in 1978. Other exclusions include foreclosure sales, housing tested and found lead-based paint free, and some zero-bedroom, elderly or disability housing (unless a child under 6 lives or is expected to live there).

The rule is about information. It does not require sellers or landlords to test for lead or to remove lead-based paint, and it does not cancel sales or lease contracts.

Housing provided in lieu of monetary compensation, for example to employees or pastors, is not exempt.

What must be handed over before a contract is signed

Before a buyer signs a sales contract or a renter signs a lease, the seller or landlord must give the "Protect Your Family From Lead in Your Home" pamphlet, disclose any known information on lead-based paint and lead-based paint hazards, and provide all available records and reports. In multi-unit buildings this includes reports on common areas and other units from building-wide evaluations.

The contract or lease must also carry a Lead Warning Statement, as an attachment or inserted language, in the same language as the rest of the contract. EPA publishes sample seller and lessor disclosure forms in English and Spanish.

A signed copy of the disclosures must be kept for three years after the sale is completed or the lease begins.

States, sellers, landlords and agents may draft their own disclosure and acknowledgment attachments, provided they cover the content required by 24 CFR 35.92 and 40 CFR 745.113. EPA also made a legal-size version of the pamphlet for those who wish to provide it as part of the contract, as long as the regional and state contacts are added.

The buyer's 10-day inspection opportunity

Sellers must give homebuyers a 10-day period to conduct a lead-based paint inspection or risk assessment. The parties may agree in writing to lengthen or shorten this period, and a buyer may waive the opportunity altogether.

For auctions not linked to a foreclosure, the interpretive guidance notes that the usual due diligence period before the sale is when potential buyers can view the property and arrange testing.

A buyer concerned about lead can hire a certified inspector before committing to buy. EPA offers a Lead-Based Paint Professional Locator to find one.

Role of real estate agents

Agents must inform sellers of their obligations under the rule. They share responsibility for compliance with the seller or lessor, unless the seller or lessor failed to disclose to the agent all information on lead-based paint or lead-based paint hazards.

A seller or lessor may authorize an agent to carry out the disclosure and sign on their behalf, but the seller or lessor remains ultimately responsible. Where state or local law prohibits a selling agent from contacting the seller directly, the selling agent may inform the listing agent, who remains responsible for informing the seller.

Questions fréquentes

What happens if a seller or landlord does not disclose?

A seller, lessor or agent who fails to give the proper information can be sued for triple the amount of damages. They may also face civil and criminal penalties. Buyers and renters who did not receive the disclosure can report it at epa.gov/lead/violation or to leadregulations@hud.gov.

Can the disclosure be given electronically?

Yes, but the buyer or renter must consent and be able to access the forms electronically. You must also give a clear statement on the right to receive paper documents, the procedure to withdraw consent and its consequences, and how to access and retain the electronic records.

How is a home shown to be lead-based paint free?

The housing must be found lead-based paint free by a certified inspector, and the owner should keep a copy of that inspection report as proof. The EPA/HUD guidance lists acceptable inspection protocols, such as Chapter 7 of the 1995 HUD Guidelines or an equivalent protocol. Encapsulated or enclosed lead-based paint does not qualify.

Who answers questions by phone?

The National Lead Information Center can be reached at 1 (800) 424-LEAD [5323], or via TTY 711. It is open Monday to Friday from 8:00 a.m. to 6:00 p.m. ET, excluding federal holidays.

Is the pamphlet available in other languages?

Yes. The "Protect Your Family From Lead in Your Home" pamphlet is available in multiple languages, and information in Spanish is available at espanol.epa.gov/plomo.

Are gifts, trusts and mobile homes covered?

A property given away as a gift, with no sale or exchange of money or other consideration, is not covered. Pre-1978 mobile homes (manufactured housing) are target housing, while houseboats and recreational vehicles are not. For a trust, the trustee complies if given authority to sell or lease; otherwise the beneficial owner does.

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claude mcp add --transport http kopik-us-lead-paint-disclosure-renovation-rules "https://kopik.io/api/mcp?base=us-lead-paint-disclosure-renovation-rules" --header "Authorization: Bearer kpk_…"
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{
  "mcpServers": {
    "kopik-us-lead-paint-disclosure-renovation-rules": {
      "url": "https://kopik.io/api/mcp?base=us-lead-paint-disclosure-renovation-rules",
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      }
    }
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}

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