FAQ on Lead Disclosures for Rental Properties

Before renting or upgrading property, landlords must disclose any lead-based paint or dangers, and they may be held accountable for tenant health concerns caused by lead.

Is it possible to find rental houses that are free from Title X lead disclosure regulations?

Title X does not apply to these properties:

Lofts, efficiencies, and studio apartments for which a building permit was issued or construction began after January 1, 1978
a single room rented in a residential dwelling housing certified as lead-free by a state-accredited lead inspector housing designed for persons with disabilities, unless any child under the age of six lives there or is expected to live there retirement communities (housing designed for seniors, where one or more tenants is at least 62 years old), unless children under the age of six are present or are expected to live there

Is it necessary for a landlord to provide lead disclosures before renovating a rental property?

When a landlord renovates occupied rental units or common spaces in buildings built before 1978, the EPA requires that existing tenants get lead hazard information within 60 days of the renovation starting date. (According to EPA standards, “renovation” refers to any alteration that disturbs painted surfaces, with limited exceptions for modest repairs and emergency renovations.) These restrictions were prepared in accordance with the federal Toxic Substances Control Act and went into effect in June 1999.

If the renovation is being done in an inhabited rental unit, the renovator (landlord or outside contractor) must provide a copy of the EPA brochure “Protect Your Family From Lead in Your Home” to the tenants. If common spaces will be impacted, the renovator must provide a notice to each rental unit in the building outlining the type and location of the restoration work, as well as the projected start and finish dates.
Landlord Liability for Asbestos Exposure

Aside from lead, landlords may be held accountable for tenant health issues caused by exposure to other environmental dangers, such as asbestos. The Occupational Safety and Health Administration (OSHA) established severe regulations for the testing, management, and disclosure of asbestos in buildings built before 1981. For further information, contact the local OSHA office or visit the OSHA website at www.osha.gov.
For Additional Information

What are a landlord’s legal obligations to new tenants in terms of lead in rental property?

The Residential Lead-Based Paint Hazard Reduction Act was passed in 1992 in response to the health concerns caused by lead poisoning. This is frequently referred to as Title X. (Ten). Title X restrictions implemented by the Environmental Protection Agency (EPA) apply to rental property established before 1978.

A landlord is required under Title X to disclose any known lead-based paint or hazards on the property before signing or renewing a lease or rental agreement. To establish that the landlord informed the renters of any known lead on the premises, both the landlord and the tenant must sign an EPA-approved disclosure form. Property owners must maintain this disclosure form on file for three years from the start of the tenancy.

The landlord must also provide the EPA brochure “Protect Your Family From Lead In Your Home,” or a state-approved version of this pamphlet, to each renter.

A landlord who fails to follow EPA standards risks fines of up to $16,000 per infraction. A landlord who is held accountable for lead-related tenant injuries may be forced to pay three times the tenant’s monetary damages.

Resources for More Information on Lead Hazards

To acquire information on the assessment and management of lead dust, as well as copies of “Protect Your Family From Lead in Your Home,” contact the National Lead Information Center at 800-424-LEAD or visit the EPA’s website at www.epa.gov/lead. State housing agencies also contain information on state rules and regulations regarding the assessment and management of lead risks.