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Lead Disclosures for Rental Property FAQ


Are there any rental properties exempt from Title X lead disclosure regulations?

These properties are not covered by Title X:

  • housing for which a construction permit was obtained, or on which construction was started, after January 1, 1978
  • lofts, efficiencies, and studio apartments
  • short-term vacation rentals of 100 days or less
  • a single room rented in a residential dwelling
  • housing certified as lead-free by a state-accredited lead inspector
  • housing designed for persons with disabilities, unless any child less than six-years old lives there or is expected to live there
  • retirement communities (housing designed for seniors, where one or more tenants is at least 62 years old), unless children under the age of six are present or expected to live there.

Are any lead disclosures required before a landlord renovates rental property?

When a landlord renovates occupied rental units or common areas in buildings constructed before 1978, EPA regulations require that current tenants receive lead hazard information at least 60 days before the renovation begins. (EPA regulations define "renovation" as any change that disturbs painted surfaces, with some exceptions such as minor repairs and emergency renovations.) These regulations were developed under the federal Toxic Substances Control Act and became effective in June 1999.

If the renovation is taking place in an occupied rental unit, the renovator (landlord or outside contractor) must give tenants in the unit a copy of the EPA pamphlet "Protect Your Family From Lead in Your Home." If common areas will be affected, the renovator must distribute a notice to every rental unit in the building, describing the nature and location of the renovation work and the dates work is expected to begin and end.

Landlord's Liability for Exposure to Asbestos

In addition to lead, property owners may be liable for tenant health problems caused by exposure to other environmental hazards, such as asbestos. Regulations issued by the Occupational Safety and Health Administration (OSHA) set strict standards for the testing, maintenance, and disclosure of asbestos in buildings constructed before 1981. For information call the nearest OSHA office or check OSHA's website at http://www.osha.gov.

Copyright 2006 Nolo

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