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If you own a house built before 1978, and wish to either sell or rent it out, it's important to understand your obligations when it comes to the federal Lead Residential Lead-Based Paint Disclosure Program. In most cases involving housing built prior to 1978, compliance with the program is necessary.
This law is commonly known as Title X (Ten). Environmental Protection Agency (EPA) regulations implementing Title X apply to rental property built before 1978. Under Title X, before signing or renewing a lease or rental agreement, a landlord must disclose any known lead-based paint or hazards on the property.
LEAD WARNING STATEMENT The seller/landlord of any interest in residential real property is required to provide the buyer/tenant with any information on lead-based paint hazards from risk assessments or inspections in the seller's/landlord's possession and notify the buyer/tenant of any known lead-based paint hazards.
Lender requires as a condition to the making of the Mortgage Loan that Borrower develop, implement and carry out an operations and maintenance plan for the containment or removal of paint containing more than one-half percent (0.5%) lead by dry weight (?Lead-Based Paint?) on the Mortgaged Property (?O&M Plan?).
Painting Over Lead-Based Paint Painting over lead paint, or encapsulation, is only effective if the old finish of the lead paint is still in excellent condition ? that is, not peeling or chipped. In addition, the encapsulated area must be monitored over time to prevent exposure to lead paint chips and dust.