The Residential Lead-Based Paint Hazard Act of 1992, also called Title X, required the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Housing and Urban Development (HUD) to develop regulations for disclosing lead-based paint hazards in homes built before 1978 that are offered for sale or lease.  On March 6, 1996, these new regulations went into effect.  They are known as 24 CFR Part 35 and 40 CFR Part 745, “Lead;  Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing; Final Rule”.
The law put in place by these regulations went into effect on September 6, 1996 , for owners of buildings with more than four units, and December 6, 1996, for owners of buildings with four or fewer units (including single family homes).

What does this law require?
Under this new law, before finalizing a contract for the sale or lease of housing built before 1978:

• Sellers, landlords or their agents must disclose known information regarding lead-based paint hazards in the housing including copies of any inspection reports;
• Sellers, landlords or their agents must provide purchasers and renters with an EPA pamphlet entitled “Protect Your Family from Lead in Your Home”;
• Purchasers have ten days to inspect or test for lead hazards.*  This time period may be shortened or lengthened by mutual agreement; and
• Sales contracts and leasing agreements must contain disclosure statements.  Signed copies must be kept for three years.

• Sellers legally document that they:
• told the home buyer about any known lead hazards in the home,
• made inspection records and reports available to the buyer,
• gave the buyer 10 days to inspect for lead, and
• gave they buyer a copy of the EPA pamphlet.
• Landlords legally document that they:
• told the renter about any known lead hazards in the home,
• made inspection records and reports available to the renter, and
• gave they renter a copy of the EPA pamphlet.
• Agents legally document that they:
• informed the seller or landlord of their obligations under the law.
• Buyers legally document that they:
• reveived information from the seller about any known lead hazards in the home,
• were able to review inspection records and reports,
• received 10 days to inspect for lead or that they waived this right, and
• were given a copy of the EPA pamphlet.
• Renters legally document that they:
• reveived information from the landlord about any known lead hazards in the home
• were able to review inspection records and reports, and

were given a copy of the EPA pamphlet.

• Housing built after 1977.
• “Zero-bedroom” dwellings such as studios, dormitories, lofts, etc.
• Properties leased for 100 days or fewer, such as vacation homes and short term rentals.
• Housing for the elderly or handicapped (unless children live there).
• Rental housing that has been inspected by a certified inspector and found to be free of lead-based paint.  (Lead-based paint is paint that contains 1.0 mg/cm2 or (0.5% by weight) or more lead.)
• Foreclosure sales.

• Civil fines of up to $10,000 for each violation.
• Criminal fines of up to $10,000 and/or imprisonment for up to 1 year.
• Damages up to 3 times the amount sufferend by the purchaser or renter.

• Real-estate agents and owners share responsibility for complying with the new law.  Agents must inform owners of their obligations under the law and make sure the owner has performed all required activities.
• Landlords are responsible for complying with the law when establishing a new lease or rental agreement or when modifying an existing lease (example: renewals, rent increases, etc.).
• Landlords are not responsible for notifying existing tenants of lead hazards nor are they required to give existing tenants the EPA pamphlet.
• Landlords and owners are not required to inspect the property for lead before selling or rentinga home, nor are they required to remove any lead hazards that exist there.
• Home buyers and renters have no responsibilities under this law.