Lead-Based Paint

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Published by OAR’s Legal Services Group
Summary: Information and required forms for Lead Based Paint

Lead Based Paint Disclosure Form…The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) mandate that the public receive a Lead Paint Disclosure Form containing information necessary to prevent lead poisoning in homes that may contain lead-based paint hazards. According to the law, home buyers and renters will receive known information on lead-based paint and lead-based paint hazards during sales and rentals of housing built before 1978. Buyers and renters will receive specific information on lead-based paint in the housing as well as a Federal pamphlet with practical, low-cost tips on identifying and controlling lead-based paint hazards. Sellers, landlords and their agents will be responsible for providing this information to the buyer or renter before sale or lease.

Transactions covered:

  • The sale or lease of housing constructed prior to 1978

Transactions not covered:

  • Foreclosure sale
  • Leasing of rental properties that have been found to be lead-based paint free by a certified inspector
  • Short-term leases of 100 days or less, where no lease renewal or extension can occur
  • Lease renewals where lead disclosure has already taken place and no subsequent testing or information has become available
  • Housing for the elderly or disabled, unless a child under the age of 6 resides, or is expected to reside, in the housing
  • 0-bedroom dwellings where the sleeping area is not separated from the living area