Proposed Rules Released for Disclosure of Lead-Based Paints in Residential Housing
By: RICHARD D. SNYDER
Spring 1995
The federal Environmental Protection Agency and Department of Housing and Urban Development recently released proposed regulations for the mandatory disclosure of lead paint hazards in residential housing. (In 1982, Congress directed the agencies to draft the regulations to implement the Residential Lead-Based Hazard Reduction Act of 1982).
The proposed regulations require that anyone selling or leasing residential housing built before 1978 provide the purchaser or tenant with all known information about the presence of lead-based paints and lead-based paint hazards on the property. Sellers and landlords also would be required to distribute an EPA pamphlet on lead-based paint hazards.
In addition, the proposed regulations require that sellers grant purchasers 10 calendar days to conduct an inspection or risk assessment for lead-based paint hazards before being obligated under any contract to buy the housing.
The proposed regulations require that a standard writing, disclosure and acknowledgment form be attached to all leases and sales contracts involving pre-1978 housing. Disclosure activities must be completed before the purchaser or tenant becomes obligated under any contract to purchase or lease the housing.
Finally, foreclosure sales, informal (i.e., unwritten) rental agreements and renewals of existing leases would be exempt from the disclosure requirements. However, these exemptions, like the proposed regulations themselves, may change before the regulations become finalized.
Both the Act and the final regulations implementing the Act will become effective on October 28, 1995. The Act provides for monetary penalties and civil liabilities for persons violating the provisions of the Act or the regulations.