DID YOU KNOW?
Before renting or buying a pre-1978 home or apartment, federal law dictates certain requirements on the sale or lease of target housing?
A seller or landlord (the lessor) must:
- disclose to the purchaser or tenant (lessee) the presence of any known lead-based paint and/or lead-based paint hazards before the lease or sales agreement take effect.
- provide all available records and reports.
- provide the purchaser or tenant (lessee) with a lead hazard information pamphlet entitled, “Protect Your Family from Lead in Your Home,” or an equivalent pamphlet that has been approved for use in that State by the EPA.
- provide purchasers a 10-day opportunity to conduct a risk assessment or inspection.
- attach specific disclosure and warning language to the sales or leasing contract before the purchaser or tenant (lessee) is obligated under a contract to purchase or lease the target housing.
Sellers, real estate agents, landlords, property management firms, and lessors share the responsibility for ensuring compliance to all local, state, and federal requirements. Although states cannot amend Federal requirements, it’s possible they may have additional ones. Check your state and local laws.
Note: Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to reside in such housing), or any zero-bedroom dwelling.
KNOW YOUR FACTS!
Avoid fines of $11,000 a day, per incident, by knowing the facts!
EPA Charges Massachusetts Landlord Nearly $85,000
Violating the Federal Lead-Paint Disclosure Rules lead to a penalty of nearly $83,575 for a Massachusetts landlord and apartment complex owner.
The property owner failed on several counts to give the proper information about lead paint and its risks to tenants and buyers of pre-1978 housing before the contract was signed.
Penalties included failure to provide tenants with lead hazard information pamphlets, failure to include lead warning statements in leases, failure to include a disclosure statement regarding lead-based paint and/or lead-based paint hazards, and failure to include lists of records or reports pertaining to lead-based paint and/or lead-based paint hazards in leases.
Don’t become one of the statistics. Know the Lead-Paint Disclosure Rule requirements.