Lead disclosure rule checker
Answer a few questions about a sale or lease to see whether EPA's lead-based paint disclosure rule (40 CFR 745 Subpart F) covers it, and what the seller, landlord and agents must do, with the exact words of the rule.
Under 40 CFR 745 Subpart F Our calculation
Covered by the disclosure rule
This sale of target housing is not one of the exceptions in 745.101, so the duties below apply before the purchaser is obligated under the contract.
“This subpart applies to all transactions to sell or lease target housing, including subleases, with the exception of the following:”
What the rule requires, in its words
“The seller or lessor shall provide the purchaser or lessee with an EPA-approved lead hazard information pamphlet.”
“The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased.”
“The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold or leased.”
“Before a purchaser is obligated under any contract to purchase target housing, the seller shall permit the purchaser a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.”
“a purchaser may waive the opportunity to conduct the risk assessment or inspection by so indicating in writing.”
“Each contract to sell target housing shall include an attachment containing the following elements, in the language of the contract (e.g., English, Spanish):”
“The seller, and any agent, shall retain a copy of the completed attachment required under paragraph (a) of this section for no less than 3 years from the completion date of the sale.”
“Each agent shall ensure compliance with all requirements of this subpart.”
“Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing).”
“0-bedroom dwelling means any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.”
A study aid, not legal advice or a compliance determination. You decide whether the housing and the transaction meet the definitions above. It covers EPA's rule in 40 CFR 745 Subpart F only, not HUD's matching rule or State and local requirements, which may add their own.
A study aid, not legal advice. goraedu does not train, test, license or certify home inspectors, and our questions are not a State licensing exam or any national home inspector exam. Not affiliated with or endorsed by the U.S. EPA, HUD, any State or any certification body. Spot an error? Tell us.