What is a lead-based paint disclosure?
A lead-based paint disclosure is a federally required form for selling or renting most housing built before 1978. Under the federal Residential Lead-Based Paint Hazard Reduction Act (Title X), sellers and landlords must disclose any known lead-based paint or hazards, provide any related records, and give the buyer or tenant the EPA pamphlet Protect Your Family From Lead in Your Home.
For a sale, the buyer must also get a 10-day opportunity to inspect for lead. Both parties sign to acknowledge the disclosure. It applies nationwide (it's federal, not state law), and failing to provide it can carry significant penalties, so it's a standard attachment to any lease or purchase agreement for older housing.
When do you need one?
Selling a home built before 1978
Renting out a pre-1978 house or apartment
Meeting the federal EPA/HUD disclosure requirement
Attaching the required disclosure to a lease or purchase agreement
Providing the EPA lead pamphlet to a buyer or tenant
Renovating pre-1978 housing (RRP rule awareness)
What it should include
Property: the address and confirmation it predates 1978
Known lead: disclosure of any known lead-based paint or hazards
Records: any available reports or records provided
Pamphlet: confirmation the EPA lead pamphlet was given
Inspection: the buyer's 10-day inspection opportunity (for sales)
Acknowledgment: buyer/tenant acknowledgment of receipt
Certification: seller/landlord and any agent certification
Signatures: all parties', dated
Who it applies to
The rule covers most housing built before 1978. Exemptions include housing built in 1978 or later, zero-bedroom units (studios in some cases), housing for the elderly or disabled (unless children live there), and short-term rentals of 100 days or less. When in doubt for older housing, disclose.
Why it matters
Lead-based paint disclosure is federally mandated, and failing to provide it can carry substantial civil penalties and liability, especially if a child is harmed. It's a small, standard form, so it's always worth attaching to any lease or sale of pre-1978 housing rather than risking the penalty.
Common mistakes to avoid
Skipping it for pre-1978 housing (it's federally required)
Not providing the EPA pamphlet
Forgetting the 10-day inspection window on a sale
Failing to disclose known lead paint or hand over records
Not getting all required signatures
Not keeping the signed disclosure on file for 3 years