Lead-Based Paint Hazard Reduction Act explained.

On March 6th, 1996 the U.S. Department of Housing and Urban Development (HLJD) and the Environmental Protection Agency (EPA) announced the rules to implement Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X (Title Ten). The long-awaited regulations bring to a close the controversy over lead-based paint content disclosure.

These rules cover most private and public housing, housing receiving federal assistance and federally-owned housing built prior to 1978. The rules will be effective for owners of structures of more than four residential dwellings on September 6, 1996 and for owners of one- to four-unit residential dwellings on December 6, 1996.

The new rules state that sellers and lessors are obligated to disclose any known lead-based paint content or hazards in the dwelling being sold or leased. The seller/lessor must provide a copy of the EPA pamphlet "Protect Your Family from Lead in Your Home," (or an equivalent EPA pamphlet). Sales contracts and leasing agreements must include provisions ensuring disclosure and notification, and buyers will have an optional 10-day period to perform a risk assessment or inspection.

Sellers, lessors and real estate agents will all share in the responsibility for compliance. In the case of multi-family housing, the seller or lessor must also provide any available information on common areas such as lobbies, hallways and laundry rooms. Cooperatives are not excluded from compliance.

Excluded from the rules will be housing for the elderly and disabled (unless a child under 6 is expected to occupy the dwelling); short term leases of less than 100 days (such as vacation rentals); and "one-bedroom dwellings such as lofts or studio apartments. Lease renewals are not excluded and existing tenants must be given the same information as new tenants when they renew their lease. The pamphlet and disclosure must be provided in the same language as the purchase or lease agreement for tenants who do not speak English.

The seller, landlord and agent are all responsible for compliance with this rule. It is the responsibility of the agent to inform the seller or lesser of their obligations. The agent can also be held responsible if the seller or lessor does not comply, but an agent cannot be held responsible for information withheld by the seller or lessor.

The disclosure of lead-based paint content and hazards can reduce the potential for liability in a lawsuit merely by giving tenants the opportunity to prevent exposure, but if a lessor or seller fails to provide information concerning known hazards, they will be liable for triple the actual damages sustained. In addition, violators can be fined up to $10,000 per occurrence and may face criminal charges.

The purpose of this rule is to protect buyers from the potential hazards of lead-based paint. The EPA recognizes that approximately 64 million dwellings in the United States contain lead-based paint, and that much of it can be maintained and managed safely. The intention of this regulation is to inform those most at risk of the potential hazards. This information is particularly important to pregnant women, families with children and anyone planning to renovate an older home. Parents can unknowingly poison their children by sanding, scraping or demolishing surfaces containing lead-based paint during a renovation.

More than 1.7 million children in the United States have an unsafe level of lead in their blood, making lead poisoning the number one environmental health hazard to young children. The effects of lead poisoning on children include behavioral problems, learning disabilities, reduced I.Q., damage to the nervous system, kidney damage, and growth and hearing impairment. Lead can be passed to the developing fetus during pregnancy if the mother is exposed. The Lead-Based Paint Reduction Act is aimed at protecting the public from lead exposure through disclosure and education.

(For more information concerning these regulations or to request a copy of the EPA booklet or disclosure from contact Patricia Kennelly at 1-800-353-5323.)