Lead-Based Paint
Disclosure Rules
Lead, once considered a versatile and valuable material, has since revealed its darker side, posing significant health risks to individuals exposed to it.
However, as its widespread use grew, so did concerns about the health risks associated with lead exposure. Early health studies began revealing the detrimental effects of lead on the human body, leading to growing public awareness.
Several lead poisoning outbreaks occurred in the mid-20th century, raising alarm bells about the dangers of lead exposure. Notable incidents include a lead poisoning outbreak in a Massachusetts town in the 1940s due to lead-contaminated milk. Later there was a lead poisoning crisis in Flint, Michigan, which brought national attention to lead in drinking water.
The mounting evidence of lead's detrimental effects prompted the implementation of the first lead regulations. Some of these include:
- In 1971, the Occupational Safety and Health Administration (OSHA) established standards to protect workers from lead exposure.
- In 1978, the Consumer Product Safety Commission (CPSC) banned the use of lead-based paint in residential properties.
As concern about lead exposure persisted, the Environmental Protection Agency (EPA) stepped in to play a significant role in lead regulations. In 1992, the EPA passed the Lead-Based Paint Hazard Reduction Act, targeting lead-based paint in residential properties built before 1978. The act required the disclosure of known lead-based paint and lead hazards in rental and sale transactions.
What is Required?
Before ratification of a contract for housing sale or lease, sellers and landlords must:
- Give an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards ("Protect Your Family From Lead In Your Home" pamphlet, currently available in English, Spanish, Vietnamese, Russian, Arabic, Somali). Click Here For Form
- Disclose any known information concerning lead-based paint or lead-based paint hazards. The seller or landlord must also disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.
- Provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the seller or landlord (for multi-unit buildings, this requirement includes records and reports concerning common areas and other units, when such information was obtained as a result of a building-wide evaluation).
- Include an attachment to the contract or lease (or language inserted in the lease itself) which includes a Lead Warning Statement and confirms that the seller or landlord has complied with all notification requirements. This attachment is to be provided in the same language used in the rest of the contract. Sellers or landlords, and agents, as well as homebuyers or tenants, must sign and date the attachment.
- Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity.
Types of Housing Covered?
Most private housing, public housing, Federally owned housing, and housing receiving Federal assistance are affected by this rule.
Effective Dates
The regulations became effective on September 6, 1996 for transactions involving owners of more than 4 residential dwellings and on December 6, 1996 for transactions involving owners of 1 to 4 residential dwellings.
Recordkeeping
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.
What Can You Do?
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, contact 1-800-424-LEAD (5323).
- Click Here For EPA Lead-Based Paint Disclosure Form
- Click Here for EPA Lead-Based Paint Brochure (English)
- Click Here for EPA Lead-Based Paint Brochure (Spanish)
Fair Housing Law Landlord Responsibilities Federal fair housing laws in the United States, primarily governed by the Fair Housing Act ( FHA ) of 1968, aim to ensure equal access to housing and prohibit discrimination in housing-related activities. The FHA applies to most housing types, including rentals, sales, and financing, with limited exceptions (e.g., certain owner-occupied buildings with four or fewer units or single-family homes sold without a broker). Here’s a summary of the key points and landlord responsibilities:
A Stipulation is used to resolve disputes or address issues without going to court. Especially helpful with overdue rent situations.
Many landlords overlook late and partial rent payment. Neither of these practices are good but it could be worse than you think.
Veteran real estate investors almost never sell their rental property. Instead they borrow against the equity, that's tax free cash!
Rental investors should never pay attention to comps because investors do not buy buildings, they buy return on investment (ROI)
The rules governing security deposits for residential leases are primarily found Chapter 83. Here are the key points:
My Tenant Won’t Let Me Enter the Rental Property What Are My Rights?
There are three federal laws that regulate and define what a service dog is: The Americans with Disabilities Act, the Fair Housing Act and the Air Carrier Access Act. The Americans with Disabilities Act (ADA) defines service dogs as “trained to do work or perform tasks for people with disabilities”. Under the ADA, individuals with a disability include someone with a physical or mental health impairment that limits their life.
Tenants who have a bad rental history or a criminal history need a place to live just like everyone else. These characters know they can’t rent from large, well managed apartment communities because they check references. So, who are they looking for? They are looking for a nice, private landlord who thinks he’s is a good judge of character.
Our eviction business has seen a sizeable increase in the number of squatters moving into empty rental units. The stories are similar. The landlord discovers strangers have taken up residency in their rental home. Naturally, they are angry and worried. Will they become violent? Will they destroy the house? How do I get them out?
Successful landlords know you make money in the rental business when you select your tenant. If you fail to do your due diligence it can cost you thousands.
Landlords are prohibited from requiring tenants to pay rent in excess of what is authorized by
HAP contracts. The Landlord may not demand or accept any rent from the tenant in excess of
the contracted.
Tenant Screening is without a doubt, one of the most critical steps in the property management process. A thorough and meticulous screening process can mean the difference between a smooth tenancy and a rental nightmare.
Fair Housing: Persons with Disabilities What are Reasonable Accommodations? Source
Your tenant has moved out. While your priority is to clean and paint and get the unit rented, there are a number of things which good business practice suggests -- and some which State law demands.
Your tenant left your rental apartment trashed, damaged and owing you money! Your tenant lied and took advantage of you. He may have skipped or you may have evicted him. In either case, he damaged your rental and cost you money! What do you do?
Bedbugs are small, reddish-brown blood-sucking, wingless insects. Bedbug bites usually clear up without treatment in a week or two. Bedbugs aren't known to spread disease, but they can cause an allergic reaction or a severe skin reaction in some people.
A Warning To Landlords -- Remember Landlords: You have an obligation to inform rental applicants of their rights regarding consumer reports.
Nearly every tenant leaves stuff behind when they vacate, most of the time it’s just a big pile of junk. Trash or treasure, the law says it’s not yours and you have an obligation to respect your former tenant’s personal property.
Is the unit abandoned? Can you take possession of the unit and get it ready for the new tenant? Not if you want to follow the law and protect yourself from liability!
Hoarding is a mental disability you may encounter as you work on a property. People who suffer from hoarding are protected under fair housing law and are entitled to reasonable accommodations in the same way people with other mental or physical disabilities are.
Tenant Screening - Why Use a Telephone Script? Benefits: To stay in control of the conversation. This is a business call. Treat it that way. To make sure everything you say is accurate with no hint of any kind of discrimination. To do a little preliminary tenant screening To send a strong signal that you are a good manager and that you will conduct a through background check before renting. To keep the conversation brief but thorough presenting a professional demeanor. Remember: Callers with a track record of broken leases, evictions, criminal history, etc. carefully listen to every word. They are less likely to call you back if they learn you are a good manager and that you will do a through background check including credit history, rental history, criminal history and demand proof of sufficient income. Also remember : The best tenants are just as fearful they will end up with a bad landlord as you are of a bad tenant. Good tenants like to hear your professional, through, business like tone. They want to hear you say you will conduct a background check. Also remember : The best tenants are just as fearful they will end up with a bad landlord as you are of a bad tenant. Good tenants like to hear your professional, through, business like tone. They want to hear you say you will conduct a background check.
HUD Guidance note that racial disparities in incarcerations rates will result in certain races, like African Americans, being denied housing more often than other races because of criminal screening policies.
Americans with Disabilities Act. The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.