Federal Laws
There are 3 main Federal Laws involving lead-based paint that apply to rental housing:
1. Title X - Federal Residential Lead-Based Paint Hazard Reduction Act of 1992
2. Federal HUD Lead-Based Paint Regulations 1012/1013
3. Federal Lead-Based Paint Pre-Renovation Education Rule (Lead PRE Rule)
These laws are discussed below. You may also click on each law to link to the actual text of the law. Another important law pertaining to rental properties but not lead-paint specific is the Federal Fair Housing Act.
Title X - Federal Residential Lead-based Paint Hazard Reduction Act of 1992
Title X requires the U.S. Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) to jointly issue regulations to require disclosure of known lead-based paint hazards by persons selling or leasing housing built before the phase out of residential lead-based paint use in 1978. The law went into full effect on December 6, 1996, for owners of pre-1978 properties. For more information on disclosure please refer to HUD or EPA websites. Following is a summary of the requirements:
- Sellers and lessors of most residential housing built before 1978 must disclose the presence of known lead-based paint and/or lead-based paint hazards in the property:
- 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;
- Sellers and lessors must provide purchasers and lessees with the "Protect Your Family From Lead In Your Home" booklet;
- Sellers must provide purchasers with a 10-day opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards before the purchaser is obligated under any purchase contract;
- Sales and leasing contracts must include certain disclosure and acknowledgment language; and
- Agents must ensure compliance with Title X's requirements.
Types of housing exempted from these requirements are:
- Zero bedroom units, such as efficiencies, lofts, and dormitories.
- Housing leased for less than one hundred (100) days, such as vacation houses or short-term rentals.
- Housing for the elderly (unless children live there).
- Housing for the handicapped (unless children live there).
- Rental housing that has been inspected by a certified inspector and found to be free of lead-based paint
- Housing sold at a foreclosure sale.
Federal HUD Lead-Based Paint Regulations 1012/1013 (Lead Safe Housing Rule)
Federal Regulations against using dangerous methods of removing paint took effect on September 15, 2000. The purpose of these regulations is to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government or sold by the federal government.
While the specific requirements of the regulations differ from property to property depending on the nature of the federal involvement, the type, amount, and duration of financial assistance, the age of the structure, and whether the unit is a rental or owner-occupied, some of the most common hazard evaluation and control requirements are:
- A risk assessment to identify lead-based paint hazards
- Stabilization of any deteriorated paint, including correction of any moisture leaks or other obvious causes of paint deterioration, as well as repainting (paint stabilization is not required if the paint is tested and found not to be lead-based paint)
- "Clearance" (scientific testing of settled dust, paint chips and other debris
- Ongoing maintenance of the paint to ensure that the housing remains lead safe and that lead-based paint hazards do not reappear
- Interim control measures to eliminate any hazards that are identified
The following properties are exempt from the regulation, either because lead paint is unlikely to be present, or because children will not occupy the house in the future:
- Housing built after January 1, 1978 (when lead paint was banned for residential use)
- Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is expected to reside there
- Zero bedroom dwellings, including efficiency apartments, single-room occupancy housing, dormitories, or military barracks
- Property that has been foudn to be free of lead-based paint by a certified lead-based paint inspector
- Property where all lead-based paint has been removed
- Unoccupied housing that will remain vacant until it is demolished
- Non-residential property
- Any rehabilitation or housing improvement that does not disturb a painted surface
- Emergency repair actions needed to safeguard against imminent danger to human life, health or safety, or to protect property from further structural damage
- Emergency housing assistance (as for the homeless), unless the assistance lasts for more than 100 days in which case the rule does apply.
Federal Lead-Based Paint Pre-Renovation Education Rule (Lead PRE Rule)
The Lead PRE Rule addresses those contractors, property managers, and others who perform renovations for compensation in residential housing that may contain lead paint.
In summary, the Lead PRE Rule will apply, and its guidelines must be abided by, if all of the following exist:
1. Work is being done for compensation
2. Work is being done in a pre-1978 home or apartment building
3. The work invovled renovations which disturb painted surfaces
4. None of the following conditions are present:
- The work is an emergency renovation
- The work is a lead abatement project
- The hosuing is a zero-bedroom dwelling (studio apartments, dormitories, etc.)
- The work consists of minor repairs or maintenance that disturbs two(2) square feet or less of painted surfaces
- The housing or its components have been determined to be lead-based paint free by a certified inspector or risk assessor
- The housing is housing for the elderly or disabled and children are not expected to reside there.
If the work fulfills each of the previous four factors, the residential property owners or managers and contractors associated with the work must:
- Distribute a lead pamphlet entitled "Protect Your Family From Lead in Your Home" to the housing owner and occupants before renovations start.
- Obtain confirmation of receipt of lead pamphlet from the owner and occupants or a certificate of mailing from the post office.
- For work in common areas of multi-family housing, distribute renovation notices to tenants.
- Retain records for 3 years.
If the work does NOT fulfill one of the four factors, then the Lead PRE Rule does not apply.
Federal Fair Housing Laws
The Fair Housing Act prohibits discrimination in housing because of race or color, national origin, religion, sex, familial status, or handicap. It also prevents a property owner or real estate agent from refusing to rent or sell a family with a lead poisoned child, or requiring that a blood lead test be done before renting to that family.
Prohibited actions in the sale or rental of housing include, but are not limited to:
- Refusing to rent or sell housing
- Refusing to negotiate for housing
- Making housing unavailable
- Denying a dwelling
- Setting different terms, conditions or privileges for sale or rental of a dwelling
- Providing different housing services or facilities
- Falsely denying that housing is available for inspection, sale or rental
- For profit, persuading owners to sell or rent to a specific person based on race or color, national origin, religion, sex, familial status, or handicap or
- Denying anyone access to or membership in a facility or service (such as a multiple listing service) related ot the sale or rental of housing
- Threatening, coercing, intimidating or interfering with anyone exercising a fair housing right or assisting others who exercise that right
- Advertising or making any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap.
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