v>EPA
a HUD
United States
Environmental Protection
Agency
Prevention, Pesticides,
and Toxic Substances
(7404)
EPA-747-F-96-002
March 1996
(Revised 12/96)
FACT SHEET
EPA and HUD Move to Protect Children from Lead-Based Paint
Poisoning; Disclosure of Lead-Based Paint Hazards in Housing
SUMMARY
The Environmental Protection Agency (EPA) and the
Department of Housing and Urban Development
(HUD) are announcing efforts to ensure that the public
receives the information necessary to prevent lead
poisoning in homes that may contain lead-based paint
hazards. Beginning this fall, most home buyers and
renters will receive known information on lead-based
paint and lead-based paint hazards during sales and
rentals of housing built before 1978. Buyers and
renters will receive specific information on lead-based
paint in the housing as well as a Federal pamphlet with
practical, low-cost tips on identifying and controlling
lead-based paint hazards. Sellers, landlords, and their
agents will be responsible for providing this
information to the buyer or renter before sale or lease.
LEAD-BASED PAINT IN HOUSING
Approximately three-quarters of the nation's housing
stock built before 1978 (approximately 64 million
dwellings) contains some lead-based paint. When
properly maintained and managed, this paint poses
little risk. However, 1.7 million children have blood-
lead levels above safe limits, mostly due to exposure to
lead-based paint hazards.
EFFECTS OF LEAD POISONING
Lead poisoning can cause permanent damage to the
brain and many other organs and causes reduced
intelligence and behavioral problems. Lead can also
cause abnormal fetal development in pregnant women.
BACKGROUND
To protect families from exposure to lead from paint,
dust, and soil, Congress passed the Residential Lead-
Based Paint Hazard Reduction Act of 1992, also
known as Title X. Section 1018 of this law directed
HUD and EPA to require the disclosure of known
information on lead-based paint and lead-based paint
hazards before the sale or lease of most housing built
before 1978.
WHAT IS REQUIRED
Before ratification of a contract for housing sale or
lease:
• Sellers and landlords must disclose known lead-
based paint and lead-based paint hazards and
provide available reports to buyers or renters.
Protect
Your
Family
From
Lead! In
Your
Home ;
in'
• Sellers and landlords
must give buyers and
renters the pamphlet,
developed by EPA,
HUD, and the
Consumer Product
Safety Commission
(CPSC), titled Protect
Your Family from
Lead in Your Home.
• Home buyers will 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.
• Sales contracts and leasing agreements must include
certain notification and disclosure language.
• Sellers, lessors, and real estate agents share
responsibility for ensuring compliance.
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WHAT IS NOT REQUIRED
• This rule does not require any testing or removal of
lead-based paint by sellers or landlords.
• This rule does not invalidate leasing and sales
contracts.
TYPE OF HOUSING COVERED
Most private housing, public housing, Federally owned
housing, and housing receiving Federal assistance are
affected by this rule.
TYPE OF HOUSING NOT COVERED
• Housing built after 1977 (Congress chose not to
cover post-1977 housing because the CPSC banned
the use of lead-based paint for residential use in
1978).
• Zero-bedroom units, such as efficiencies, lofts, and
dormitories.
• Leases for less than 100 days, such as vacation
houses or short-term rentals.
• Housing for the elderly (unless children live there).
• Housing for the handicapped (unless children live
there).
• Rental housing that has been inspected by a certified
inspector and found to be free of lead-based paint.
• Foreclosure sales.
EFFECTIVE DATES
• For owners of more than 4 dwelling units, the
effective date is September 6, 1996.
• For owners of 4 or fewer dwelling units, the
effective date is December 6, 1996.
THOSE AFFECTED
The rule will help inform about 9 million renters
and 3 million home buyers each year. The estimated
cost associated with learning about the requirements,
obtaining the pamphlet and other materials, and
conducting disclosure activities is about $6 per
transaction.
EFFECT ON STATES AND LOCAL
GOVERNMENTS
This rule should not impose additional burdens on
states since it is a Federally administered and enforced
requirement. Some state laws and regulations require
the disclosure of lead hazards in housing. The Federal
regulations will act as a complement to existing state
requirements.
FOR MORE INFORMATION
• For a copy of Protect Your Family from Lead in Your Home (in English or Spanish), the sample disclosure
forms, or the rule, call the National Lead Information Clearinghouse (NLIC) at (800) 424-LEAD, or TDD
(800) 526-5456 for the hearing impaired. You may also send your request by fax to (202) 659-1192 or by
Internet E-mail to ehc@cais.com. Visit the NLIC on the Internet at http://www.nsc.org/nsc/ehc/ehc.html.
• Bulk copies of the pamphlet are available from the Government Printing Office (GPO) at (202) 512-1800.
Refer to the complete title or GPO stock number 055-000-00507-9. The price is $26.00 for a pack of 50
copies. Alternatively, persons may reproduce the pamphlet, for use or distribution, if the text and graphics are
reproduced in full. Camera-ready copies of the pamphlet are available from the National Lead Information
Clearinghouse.
• For specific questions about lead-based paint and lead-based paint hazards, call the National Lead Information
Clearinghouse at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired.
• The EPA pamphlet and rule are available electronically and may be accessed through the Internet.
Electronic Access:
Gopher: gopher.epa.gov: 70/1 l/Offices/PestPreventToxic/Toxic/lead_pm
WWW: http://www.epa.gov/opptintr/lead/index.html
http://www.hud.gov
Dial up: (919)558-0335
FTP: ftp.epa.gov (To login, type "anonymous. " Your password is your Internet E-mail address.}
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