Lead Paint Addendum: What It Is & Whether to Include One in Your Lease

Lead-based paint, once a standard choice for homes due to its durability and color richness, is now recognized for its significant health risks, especially to children and pregnant women. Understanding and managing the legacy of lead paint in older properties is not just a regulatory requirement but a critical health safeguard.

In this article, we'll discuss the complexities of lead-based paint in residential properties, highlighting the responsibilities landlords bear in disclosing its presence and ensuring tenant safety in accordance with federal regulations. So, let's get started!

What is lead-based paint?

As mentioned, the use of lead-based paint in residential properties has a long history, stemming from its durability and vibrant colors. However, by the mid-20th century, the harmful health effects of lead exposure became increasingly evident.

Lead is a toxic metal that can cause a range of health issues, particularly in young children, including cognitive impairments, developmental delays, and various physical problems. Due to these significant health risks, the United States banned the use of lead-based paint in residential properties in 1978.

Despite this ban, many older properties still contain layers of lead-based paint, posing ongoing risks to occupants. To address this issue and protect public health, the federal government implemented the Lead-Based Paint Disclosure Rule, a key component of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (also known as Title X).

Types of housing covered under Title X

The types of housing covered by lead-based paint disclosure requirements primarily include residential properties built prior to 1978, the year when the federal ban on the use of lead-based paint in residential structures was enacted. Here's a breakdown of the housing types subject to these regulations:

• Single-family homes.
• Multi-unit buildings.
• Leased properties.
• Public housing.
• Federally-owned properties being sold.

Exceptions

There are some exceptions to these requirements, including:

• Zero-bedroom units, such as efficiencies, lofts, and dormitories.
• Leases with a duration of fewer than 100 days, such as short-term vacation rentals.
• Rental housing that has been inspected by a certified inspector and found to be free of lead-based paint.
• Housing designated for the elderly or persons with disabilities, unless children reside or are expected to reside there.

Understanding which types of housing are covered by lead-based paint disclosure laws is vital for sellers, buyers, landlords, and tenants to ensure compliance and protect public health.

Landlord responsibilities in lead-based paint disclosures

Compliance with lead-based paint disclosure laws is an important responsibility for landlords, especially for those managing properties built before 1978. Understanding and adhering to these requirements not only ensures the safety and well-being of tenants but also helps minimize the landlord's liability.

Here’s a detailed overview of what landlords must do:

1. Providing the EPA-approved information pamphlet

Landlords are required to provide tenants with the Environmental Protection Agency (EPA) approved informational pamphlet, titled "Protect Your Family From Lead In Your Home." This pamphlet educates tenants about the risks of lead exposure, safe practices to prevent lead poisoning, and the landlord's responsibilities regarding lead-based paint disclosures.

This information on lead-based paint serves as a key resource for tenants to understand hazards and how to protect themselves and their families.

2. Disclosing known lead-based paint and lead-based paint hazards

Landlords must disclose any known information concerning lead-based paint and lead-based paint hazards in the property. This requirement includes records and results of any lead tests conducted on the property.

If lead hazards are known, landlords should provide tenants with a detailed report outlining the presence of lead-based paint or lead-based paint hazards. This disclosure of information must be made before the tenant can be bound by a lease contract, ensuring they are fully informed about potential risks.

3. Including a lead warning statement in the lease

The lease agreement must include a specific lead warning statement to confirm that the landlord has complied with federal law and all notification requirements, ensuring that tenants are aware of any known lead hazards in the property.

As previously mentioned, the inclusion of this warning statement is a mandatory component of the lease for properties built before 1978.

4. Keeping records of all disclosures for at least a three-year time period

Landlords are required to retain signed acknowledgments from tenants, confirming that they have received the required disclosures form and pamphlet. These records should be kept for at least three years from the effective date of the lease.

Keeping comprehensive records is essential for demonstrating compliance with the federal law, should any disputes or legal issues arise regarding lead-based paint disclosures.

Consequences for not complying with Title X

Landlords not adhering to Title X's lead-based paint hazard regulations risk facing severe penalties. The Department of Housing and Urban Development (HUD) has obtained the authority to levy fines on landlords who intentionally neglect to disclose lead-based paint hazards, alongside the possibility of facing additional civil fines and criminal charges for such non-compliance.

Furthermore, if they determine that a tenant suffers from lead poisoning due to a landlord's failure to disclose known lead hazards, courts may award damages to the tenant up to three times their actual damages, in addition to covering court costs and attorney fees.

How to write a lead-based paint addendum

Creating a lead-based paint addendum is an important step for landlords and lessors in ensuring compliance with legal requirements. Here's our guide on how to write one:

1. Title and introduction

• Title: Lead-Based Paint Addendum
• Introduction: Start with a brief overview emphasizing the purpose of the addendum, which is to disclose information about lead-based paint and hazards as per legal requirements.

2. Lead warning statement

• Clearly state the health hazards associated with lead-based paint, particularly its risk to young children and pregnant women.
• Mention that housing built before 1978 may contain lead-based paint, and underscore the importance of proper management to prevent lead exposure.

3. Lessor’s disclosure

• Presence of lead: Provide options for the lessor to indicate either:
  • (i) Known lead-based paint and/or hazards, detailing what is known.
    or
  • (ii) No knowledge of lead-based paint or hazards.
• Records and reports: Offer options for the lessor to disclose either:
  • (i) If all available records and reports on lead-based paint hazards have been provided to the lessee, listing the documents.
    or
  • (ii) If there are no reports or records available.

4. Lessee’s acknowledgment

• Include a section for the lessee to acknowledge either:
  • (i) Receipt of all pertinent records and reports.
    or
  • (ii) That they have not received any such records or reports.

5. Agent’s acknowledgment

• If applicable, include a statement for both the lessor's and lessee's agents to acknowledge their awareness of the obligations under 42 U.S.C. 4852d and their responsibility to ensure compliance.

6. Receipt of EPA pamphlet

• Include a statement for the lessee to initial, confirming they have received the "Protect Your Family from Lead in Your Home" pamphlet.

7. Certification of accuracy

• Provide a section for all parties (lessor, lessee, and any agents involved) to sign and date the addendum, certifying the accuracy of the information provided to the best of their knowledge.

8. Legal and paperwork notices

• Include a note about the approval of the collection of information under the Paperwork Reduction Act, mentioning the OMB Control No. 2070-0151.
• State the estimated public reporting and record keeping burden, and provide contact information for comments on the form.

Tips for completion:

• Ensure clarity and accuracy in every section to avoid potential misunderstandings or legal issues.
• Consult legal advice or a professional if unsure about any disclosures or information to be included.
• Keep the addendum alongside the lease agreement, ensuring it's signed before the lease execution.

By following this structure and tips, landlords can create a comprehensive lead-based paint inspection addendum that meets legal requirements and ensures both lessors and lessees are informed about potential lead hazards in the property.

Confidently writing a lead-based paint addendum

Adhering to the requirements for a seller's disclosure of information regarding lead-based paint is more than a regulatory compliance issue; it's a fundamental component of ethical property management and real estate sales. By ensuring transparent communication through sellers' and agents' disclosures, conducting a thorough inspection and risk assessment, and fulfilling all notification requirements, stakeholders in the real estate market can significantly mitigate health hazards associated with lead-based paint.

The commitment to disclosing such information not only protects potential occupants, particularly vulnerable populations like young children and pregnant women, but also reinforces trust in the property market.

As we continue to safeguard our communities against the dangers of lead exposure, the collective efforts of property owners, sellers, agents, and tenants in understanding and executing these disclosures remain vital. Together, we can ensure the legacy of lead-based paint does not compromise the safety and well-being of future generations.