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When is a lead-based paint disclosure required? If your rental property was built before 1978, then you are required to provide new tenants with a Lead Disclosure Statement prior to their move-in date (with some exemptions, discussed below).
Lead-based paint disclosure exemptions In addition to houses built in or after 1978, the following also qualify for an exemption from the disclosure rules: Dwelling units with no bedrooms, such as a studio apartment. Dwelling units that are leased for 100 days or fewer, such as short-term rentals.
This requires that potential buyers and renters of housing built prior to 1978 receive certain information about lead and lead hazards in the residence prior to becoming obligated to buy or rent, and provides the opportunity for an independent lead inspection for buyers.
Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
Older Homes and Buildings If your home was built before 1978, it is more likely to have lead-based paint. In 1978, the federal government banned consumer uses of lead-based paint, but some states banned it even earlier. Lead-based paint is still present in millions of homes, normally under layers of newer paint.