Disclosure rule for lead paint effective in September.

Many youngsters can look forward to a summer of fun this year while, landlords and real estate agents will be poring over the wording of a new federal rule aimed at preventing lead poisoning in young children.

The rule, issued by the EPA and the Department of Housing and Urban Development (HUD), goes into effect this fall. It requires anyone selling or leasing a home built before 1978--when the Consumer Product Safety Commission banned lead from household paint--to disclose the known presence of lead-based paint to prospective buyers or tenants. Requirements for Disclosure of Known Lead-based Paint and/or Lead-Based Paint Hazards in Housing, 61 Fed. Reg. 9063 (1996) (to be codified at 24 C.F.R. [sections]35 and 40 C.F.R. [sections]745).

"The separate duties and potential liability of realtors have become increasingly important because a lot of property owners have found it impossible to get [lead-paint] insurance," said Boston plaintiffs' attorney Neil Leifer. "The landlords, in a sense, are judgment-proof because they're mortgaged to the hilt, and they don't have any insurance. Disclosure requirements on realtors and sellers have been in effect in Massachusetts since 1988 and have worked very well."

Failure to comply with the disclosure rule may result in fines as well as triple damages and attorney fees in personal injury lawsuits against a landlord or seller. Violators are not responsible for removing lead from the dwellings.

Lead poisoning is the number one environmental health hazard for infants and toddlers, according to EPA and HUD. One in 11 has elevated blood-lead levels.

"The disclosure rule is an important step forward in educating the public about lead-poisoning hazards . . ., but it just isn't enough," said Anne Guthrie, deputy director of the Alliance to End Childhood Lead Poisoning, a Washington, D.C., advocacy group. Because the rule does not require lead testing or removal, prospective renters and home buyers are expected to use the disclosure to negotiate a contract with the seller in light of the potential hazard, she said.

"It's unlikely to make a practical difference in economically distressed properties where tenants have less leverage than home buyers to get repairs done prior to occupancy," Guthrie said. "There is, clearly a subset of housing that needs more public money that will actually fix the situation."

While the rule is not perfect, Guthrie's group supports its implementation. She likens the provision to pro-consumer laws requiring professional inspections of real estate before occupancy. "You can hire any home inspector you want, find out if there are structural problems with the house, and then write any contingencies into the contract before you buy."

Likewise, simply knowing of lead-paint contamination "may prompt a family to take further steps to make sure they are moving into a property that is completely safe."

The rule takes effect September 6 for owners of more than four single-family dwellings and December 6 for all others. For more information, contact the National Lead Information Center at (800) 424-LEAD.