In Practice
Lead-based paint was banned for home use in 1978, so any apartment built before then needs a lead-based paint disclosure. Before a resident signs or is bound by a lease, you must give them the federal lead hazard information pamphlet, disclose any known lead-based paint or hazards in the unit and building, share any records or reports you have, and have both sides sign an acknowledgment.
The disclosure is normally part of your lease packet or an addendum. Keep the signed copy in the lease file, since federal rules call for keeping records for at least three years after the lease starts. Some exemptions exist, including 0-bedroom units like studios, housing for the elderly or people with disabilities (unless a child lives there), short-term leases of 100 days or fewer, and homes certified lead-free. Many states and cities add their own rules, and renovation work in older buildings has separate lead-safe work requirements.
Example: a resident moves into a 1972 building. Your leasing agent hands over the pamphlet, fills in what you know about lead paint in the building, and gets signatures before the lease is signed. If nothing is known, the form says so.
The common mistakes are signing the form after the lease, losing the paperwork, and forgetting the disclosure on renewals or new addenda when rules require it. Penalties for missing the disclosure can be significant. Check the current EPA and HUD rules, your state's rules and counsel.
Lead-Based Paint Disclosure: Common Questions
Which properties need a lead-based paint disclosure?
Generally rental housing built before 1978, with limited exemptions such as studios, certain housing for older adults or people with disabilities, and certified lead-free homes.
When must the disclosure be given?
Before the resident becomes obligated under the lease, so it should be handled during the leasing process, not at move-in.
How long do you keep lead disclosure records?
Federal rules require keeping the signed acknowledgment for at least three years from the start of the lease. Many companies keep it for the length of the file.
