Summary of Lead Disclosure Rules and Requirements

This document was extracted from and EPA document titled "Section 1018 - Disclosure Rule Enforcement Response Policy". The entire document is available on the web at http://es.epa.gov/oeca/ore/tped/lead.pdf

Chapter 2: Summary of Rule and Requirement

The purpose of the Disclosure Rule is to ensure that individuals and families receive the information necessary to protect themselves and their families from lead-based paint and/or lead-based paint hazards. This information will help families and individuals make informed housing decisions to reduce their risk of exposure to lead hazards.

The Disclosure Rule requires that sellers, lessors and agents must comply with certain requirements when selling or leasing target housing. For purposes of the Disclosure Rule, "Seller" is defined as any entity that transfers legal title to target housing, in whole or in part. The Disclosure Rule defines "Lessor" as any entity that offers target housing for lease, rent, or sublease. "Purchaser" is defined as an entity that enters into an agreement to purchase an interest in target housing under the Disclosure Rule. "Lessee" is defined as any entity that enters into an agreement to lease, rent, or sublease target housing. Finally, the Disclosure Rule defines " Agent" as any party who enters into a contract with a seller or lessor, including any person who enters into a contract with a representative of the Lessor or Seller, to sell or lease target housing.

The Disclosure Rule requires that before a Purchaser or Lessee is obligated under any contract to purchase or lease target housing, certain requirements must be met. These requirements include the following:

  • .Sellers and Lessors must disclose the presence of any known lead-based paint and/or lead-based paint hazards to the Purchasers and Lessees and to any Agent;
  • .Sellers and Lessors must provide Purchasers and Lessees with any available records or reports pertaining to the presence of lead-based paint and/or lead-based paint hazards in the target housing;
  • .Sellers and Lessors must provide Purchasers and Lessees with an EPA-approved lead hazard information pamphlet;
  • .Sellers must grant Purchasers a 10-day period to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards;
  • .Sellers and Lessors must complete a Disclosure Form certifying compliance with the Disclosure requirements;
  • .Sellers and Lessors must retain a copy of the Disclosure Form for at least three years from completion of the transaction; and
  • .Each Agent involved in any transaction to lease or sell target housing must ensure compliance with all requirements of the Disclosure Rule.

 

 

Final Enforcement Response Policy:

The Disclosure Rule December 1999

 



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