There are three main Federal laws that regulate Lead Hazards in rental housing.

1) Lead Based Paint Hazard Reduction Act of 1992

Lead Based Paint Hazard Reduction Act of 1992

You have the RIGHT to be told about any existing lead based paint hazards in your home!
Section 1018 of Title X requires the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA) to regulate that known lead based paint hazards are disclosed by sellers and/or lessors of housing built prior to 1978. The law requires that before any obligations are contracted the seller or lessor must:

• Provide the purchaser or lessee with a lead hazard information packet.
• Disclose any knowledge regarding the presence of lead-based paint hazards
• Provide any evaluation reports regarding lead-based paint hazards
• Allow the purchaser 10 days (unless another period of time is mutually agreed upon) to have a risk assessment or inspection conducted for the presence of lead hazards
• Any purchase or sale contract MUST contain a Lead Warning Statement and a signed statement by the purchaser that he/she has:
• Read and understands the warning statement
• Has received the information packet
• Had the 10 day opportunity for a risk assessment or inspection.
• Agents must be sure that parties are in compliance with the aforementioned requirements.

2) Federal HUD Lead-Based Paint Regulations 1012/1013 (Lead Safe Housing Rule)

This rule was devised to protect children from lead based paint hazards in public housing and housing sold by the federal government. It requires hazard evaluations and controls such as:

• Risk assessments to identify hazards
• Stabilization of deteriorated paint
  (not required if a lead test shows lead is not present)
• Clearance
• Maintenance of paint to ensure housing is lead safe
• Control measures to remove any hazards.

3) Federal Lead-Based Paint Pre-Renovation Education Rule (Lead PRE Rule)

This rule affects contractors, property managers and anyone else conducting renovation activities for compensation in your residence.
The rule states that the entities providing work for compensation must distribute a lead education pamphlet prior to commencement of work, obtain written confirmation from the owner or occupant received this pamphlet, distribute notice of renovation in common areas of multi-family dwellings and hold on to records of the renovation for 3 years.
This rule applies if:

• The individual or firm doing the work is being compensated for their work
• If the renovation activities are being conducted in homes built before 1978
• If the work being done may disturb painted surfaces

This rule does not apply when the work is an emergency renovation, lead abatement project, zero bedroom dwellings, repairs that only disturb 2 square feet of a painted surface, if the housing has already been determined to be free of lead based paint or if it is housing for the elderly or disabled (and no children are living in that housing).