Lead-Based Paint Disclosure Rule (Section 1018 of Title X)

Related Regulatory Information: Lead in Paint, Dust and Soil

• Additional rules relating to lead
• Enforcement information
• Compliance information
• Policies and guidance

To protect families from exposure to lead from paint, dust, and soil, Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is also known as Title X (Title “ten”). EPA issued a rule under section 1018 of this law known as the Lead-based Paint Disclosure Rule. Title X directs EPA and the Department of Housing and Urban Development (HUD) to require the disclosure of known information on the presence of lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978. It is designed to help people make more informed choices based on the information they receive. Sellers, landlords, property managers, and real estate agents are all responsible for compliance.

On this page you will find information about:

• Housing covered and exempted by the rule
• Complying with the rule
• Sample Disclosure Forms
• Report a violation
• More information

Housing Covered and Exempted by the Rule

The Lead-Based Paint Disclosure Rule applies to most pre-1978 private housing, public housing, federally owned housing, and housing receiving federal assistance. It does not apply to the following:

• Housing built after 1977 (this rule does not cover post-1977 housing since the Consumer Product Safety Commission banned residential lead-based paint in 1978);
• Zero-bedroom units, such as efficiencies, lofts, and dormitories (unless a child under six years of age resides or is expected to reside in such housing);
• Leases for 100 days or less, such as vacation houses or short-term rentals where no lease renewal or extension can occur;
• Housing specifically for the elderly or persons with disabilities (unless a child under six years of age resides or is expected to reside in such housing);
• Housing in which painted surfaces have been tested by a certified lead-based inspector or risk assessor and found to be lead-based paint free; and
• Foreclosure sales.

Complying with the Rule

Homebuyers and renters of most housing built before 1978 have the right to know whether lead-based paint and lead-based paint hazards are present before signing a contract or lease.

Before a contract for housing sale or lease is signed, federal law requires sellers, landlords, real estate agents, and managers of rental properties to disclose any known information concerning the presence of lead-based paint and lead-based paint hazards. They are also required to provide all available records and reports, give a copy of the Protect Your Family From Lead in Your Home pamphlet, and must include, either as an attachment or as language inserted into the lease or contract, a “Lead Warning Statement” explaining, among other things, that lead from paint can pose health hazards if not managed properly. In addition, sellers must give buyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards.

• Learn about your responsibilities as a seller, lessor, real estate agent or property manager under this regulation.
• Read the Interpretive Guidance for the Real Estate Community on the Requirements for Disclosure of Information Concerning Lead-Based Paint in Housing.

Sample Disclosure Forms

EPA provides sample disclosure forms (available in English and Spanish) that sellers, lessors, real estate agents and property managers can use to disclose known information on lead-based paint and lead-based paint hazards in housing they are selling or leasing. Sellers and lessors are required to disclose the presence of lead-based paint or lead-based paint hazards, they are not required to use these sample forms, although many do. EPA updated the sample disclosure forms to provide greater clarity and specificity including:

• The updated forms ask landlords and sellers to describe what is known about the presence of lead-based paint or lead-based paint hazards in the housing. In contrast, the old forms previously only asked sellers, landlords and property managers to indicate whether hazards did – or did not -- exist. EPA added “Describe what is known:” following this sentence. By describing what is known about the lead-based paint and/or associated hazards present, buyers and renters may be better informed about the existing lead-based paint and lead-based paint hazards prior to buying or leasing housing.
• Indications for sellers, purchasers, and lessees to initial the form rather than use a check mark. This is intended to increase clarity regarding who is responsible for the disclosure and acknowledgement parts of the form.
• The updated forms also allow renters or buyers to indicate whether or not they received all records and reports relating to lead-based paint or lead-based paint hazards in the housing, such as a lead-based paint inspection or a lead-based paint risk assessment report. Previously, renters or buyers could only confirm if they had received copies of all this information.
• Addition of section (g) on the seller form and section (f) on the lessor form. This is the “Agent’s Acknowledgement” section, which has been updated to include the following: Seller sample disclosure form: “Purchaser’s Agent has informed the seller of the seller’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.”
• Lessor sample disclosure form: “Lessee’s Agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.”
• The agent must initial these statements or enter N/A if not applicable. This addition adds clarity to this section; previously, there was one space for an agent to initial the “Agent’s Acknowledgement” section. Now, there are two distinct places to initial in this section for more specificity. On the seller form, there is now one space for the seller’s agent and one for the purchaser’s agent to initial. On the lessor form, there is now one space for the lessor’s agent and one for the lessee’s agent to initial.

Sellers, landlords, real estate agents and property managers may use the sample forms provided by EPA:

• Sample Seller’s Disclosure of Information in English (PDF) and in Spanish (PDF).
• Sample Lessor's Disclosure of Information in English (PDF) and in Spanish (PDF).

Report a Violation

Ensuring that disclosure information is given to home buyers and tenants helps all parties avoid misunderstandings before, during, and after sales and leasing agreements. If you did not receive the disclosure of information on lead-based paint or lead-based paint hazards form when you bought or leased pre-1978 housing, report this disclosure violation to: epa.gov/lead/violation or leadregulations@hud.gov.

More Information

• Lead: Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing (Section 1018 of Title X) (pdf)
• Residential Lead-Based Paint Hazard Reduction Act of 1992 (pdf)
• Lead-Based Paint Disclosure Rule Fact Sheet (pdf)
• Questions and Answers on the Lead-Based Paint Disclosure Rule
• Protect Your Family From Lead in Your Home pamphlet available in English, Arabic, Chinese Simplified and Traditional, French, Korean, Polish, Russian, Somali, Spanish, Tagalog and Vietnamese

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