The ‘Lead-Based Paint Disclosure Form’ is sent out to a tenant and potential buyers who would wish to get into real estate facilities that were constructed prior to 1978. It demonstrates that the facility in question is devoid of the harsh lead paint that was outlawed by the United States Consumer Product Safety Commission. This paint poses some hazards to the health of humans as it chips.
Laws – 42 U.S. Code § 4852d
The Basics of The Lead-Based Paint Disclosure Forms
#1: Contents and Scope
The purpose of this document is to compel the tenants to provide prospective tenants an information pamphlet titled “Protect your family from lead in your home.” This is approved by the Environmental Protection Agency (EPA). It lays the ground on identifying and controlling lead-based paint hazards.
The pamphlet requires the landlord to:
- Disclose any known information concerning lead-based paint or lead-based paint hazards and the locations of those hazards (even if only in common areas) and the painted surfaces.
- Provide any records and reports on lead-based paint or lead-based paint hazards or both that are known and available to the landlord.
- Include a signed attachment to the lease or language in the lease itself that includes an EPA-required lead warning statement and a statement signed by the tenant confirming that the landlord has complied with all notification requirements.
- Retain a copy of the lead-based paint attachment (or the lease itself) for at least three years from the beginning of the lease term.
#2: Other Requirements
The act that establishes this disclosure form also requires that:
- The seller provides the buyer with a 10-day period to conduct any inspections on the property or risk assessment for lead-based paint hazards.
- Landlords to furnish their tenants with known information about the presence of Lead and where exactly they are located in the facility.
- Landlords must also attain acknowledgment from the would-be buyer in connection with the lead-based paint disclosure.
#3: Exemptions
The following properties may be exempt from these requirements though:
- Buildings constructed before 1978 that have been found lead-free by a certified inspector.
- Zero-bedroom dwellings with a combined living and sleeping area (for example efficiency apartments, or individual rooms within residential dwellings).
- Housing for the elderly (persons for persons 62 years or older at initial occupancy), unless a child younger than 6 years resides or is expected to reside in the dwelling.
- Housing for persons with disabilities, unless a child younger than 6 years resides or is expected to reside in the dwelling.
- Leases for a duration of 100 days or less with no renewal or extension option.
- Renewed, extended, or ratified leases where a disclosure was given at the beginning of the initial lease and no new information has been found in the interim concerning the presence of lead-based hazards or paint-related hazards.
Lead-Based Paint Disclosure Form
Disclosure of Lead-Based Paint in a Seller’s Property
Disclosure of Lead-Based Paint in a Lessor’s Property
CONCLUSION
Now that you have known about the basics of this form, is it not in order for you to appreciate it better? We are now confident that you have what it takes to handle such a form better. Just in case you had any doubts, we believe you now know why the form is absolutely crucial.
