Article Sections:
- Why Is the Lead Based Paint Disclosure Form Important?
- Who Is Responsible for Providing a Lead Based Paint Disclosure Form?
- When Do Buyers or Tenants Receive the Lead Based Paint Disclosure Form?
- When and How Should Lead-Based Paint Hazards Be Removed?
- What Types of Buildings Are Exempt from the Lead Based Paint Disclosure Form?
A lead based paint disclosure form includes all information that the seller or landlord has about the presence of known lead-based paint hazards in the dwelling.
The use of lead paint in homes and residential buildings was banned in 1978.
For homes built prior to 1978, landlords and sellers in New York City must notify new tenants or buyers about the risk of exposure to lead-based paint.
Examples of lead hazards include chipping or deteriorating paint, which creates lead dust that can become inhaled and cause serious health problems to people living there — especially young children.
Why Is the Lead Based Paint Disclosure Form Important?
Before you buy or rent a home, it’s important to be informed about any potential lead threats in order to protect the health and safety of your family and children.
Lead poisoning poses a serious health risks, especially to young children under the age of 6.
When inhaled or ingested into the body, lead is a neurotoxin that can cause developmental problems and permanent neurological damage in children. Exposure to lead is also dangerous for pregnant women.
Who Is Responsible for Providing a Lead Based Paint Disclosure Form?
The law requires that sellers and landlords must provide the lead disclosure form to their buyers and tenants.
This document confirms that the seller or landlord has properly and truthfully disclosed the presence of known lead-based paint hazards.
They must provide any records or reports from past inspections relating to lead-based paint, as well as the location of the hazards and the condition of the paint.
Along with the disclosure form, buyers and tenants should also receive a lead poisoning prevention pamphlet from the EPA titled, “Protect Your Family From Lead in Your Home.”
This pamphlet provides additional information about lead, such as understanding the risks and how to protect your family from lead poisoning.
When Do Buyers or Tenants Receive the Lead Based Paint Disclosure Form?
New tenants typically receive the lead based paint disclosure form at the time of signing the lease agreement. Both the landlord and tenant will sign the form to verify that all known lead hazards have been disclosed.
Homebuyers receive the lead based paint disclosure form at the time an offer is made. Buyers may also choose to request a lead inspection before signing.
By law, you have 10 days to get the property inspected before signing the contract.
When and How Should Lead-Based Paint Hazards Be Removed?
Removal of existing lead-based paint hazards is necessary when the paint is damaged or deteriorating (e.g. chipping, peeling), or if children under the age of 6 live there or visit regularly. In these cases, it is the landlord’s responsibility to remediate lead paint hazards in New York City, per Local Law 1.
Under NYC’s Local Law 1, landlords may opt to fix or remove lead hazards by themselves (using safe work practices) as long as the total amount of lead paint is less than 100 square feet.
If there is more than 100 square feet of lead paint being disturbed, or if a violation was issued by the NYC Dept. of Housing Preservation and Development (HPD), then the landlord must:
- Hire an EPA-Certified Abatement Firm (contractor) to correct the paint violations.
- File a Notification of Commencement of Lead Abatement.
- Follow Safety Standards in the New York City Health Code 173.14.
- Hire an EPA-Certified Lead Inspector to take clearance dust wipes when the work is completed.
What Types of Buildings Are Exempt from the Lead Based Paint Disclosure Form?
Your building may be exempted if you fall under one of the following:
- Buildings constructed before 1978 that have been lead-free by a certified inspector.
- Housing for the elderly (62 years or older), unless there is going to be a child under the age of 6 residing in the home.
- Housing for persons with disabilities, unless a child is going to be residing in the home.
- Leases for a duration of 100 days or less with no renewal option.