The Lead Disclosure Rule
- The Real Estate Notification and Disclosure Rule (Section 1018 of Title X) requires disclosure of the existence of lead-based paint in pre-1978 housing on sale or at time of lease in public and privately owned housing.
- Ohio’s real estate disclosure law requires use of a property disclosure form for all residential real property transfers that includes the lead-based paint disclosure requirement
What are the Disclosure Rule requirements?
Before ratification of a contract for housing sale or lease, sellers and landlords must:
- Provide a free EPA-approved educational pamphlet, Protect Your Family From Lead in Your Home, to prospective owners and tenants.
- Disclose known lead-based paint or lead-based paint hazards.
- Disclose all available information on any lead in the property. Provide any records and reports on lead-based paint or lead-based paint hazards.
- Home buyers get a 10-day period to conduct a lead-based paint inspection or risk assessment at their own expense. The rule gives the two parties flexibility to negotiate key terms of the evaluation. Note: Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity. To find a lead inspector in your area, go to the Ohio Department of Health’s data base of state licensed lead professionals.
- The EPA and HUD jointly enforce the Rule. See the EPA’s Section 1018: The Real Estate Notification and Disclosure Rule and HUD’s The Lead Disclosure Rule for more information.
What types of housing are covered by the Disclosure Rule?
Most privately owned housing, public housing, federally owned housing, and housing receiving Federal assistance.
How long must disclosure records be kept?
Sellers and lessors must retain a copy of the disclosures for no less than three years from the date of sale or the date the leasing period begins.
How can I report violations of the Disclosure Rule?
If you did not receive the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards form when you bought or leased pre-1978 housing, call 1-800-424-LEAD (5323). For more information, go to the National Lead Information Center.
Are there special Fair Housing requirements for housing providers about lead-based paint?
Yes, HUD has prepared special guidance for housing providers. For additional information on Fair Housing laws, see HUD’s resources on Fair Housing and Equal Opportunity.