Lead Paint Information

Lead Based Paint Information

Lead based paint and lead based paint hazards, particularly dust containing lead, pose a very serious health risk to young children. Therefore, HUD has very strict and specific regulations regarding lead based paint in units built prior to 1978.

When RACB conducts inspections on units that were built prior to 1978 where a child under the age of 6 resides or is expected to reside; the inspectors will conduct a visual assessment of all painted, stained or varnished surfaces in the apartment. They also look at common areas and areas to which the family has access, including basements, attics, storage areas, laundry rooms and all exterior surfaces of the building. In addition, items on the property will be inspected, including fences, shed, garages and play equipment.

If the inspector finds defective paint, it will be cited and must be corrected. Defective paint would be any surface coating that is chipping, flaking, cracking, peeling, alligatoring, chalking or otherwise not intact. Please note that any and all defective paint must be corrected prior to a unit passing inspection.

Additionally, the inspector will make a determination regarding the amount of defective paint. If the amount of defective paint exceeds HUD’s “de-minimus” levels, there are additional requirements.

HUD’s “de-minimus” levels are:

  • 10% of a building component (such as trim, windows, doors, etc.)
  • 2 square feet combined in any interior room
  • 20 square feet combined on all exterior surfaces

If the amount of defective paint exceeds HUD’s “de-minimus” levels, the person correcting the defective paint must be properly trained, they must follow lead safe work practices, provide for tenant protection and the unit must pass a clearance test once the work has been completed.

For more information visit: https://www.epa.gov/lead

Disclosure Requirements

According to the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, HUD and EPA require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

What is Required?

Before ratification of a contract for housing sale or lease, sellers and landlords must:

  • Give an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards ("Protect Your Family From Lead In Your Home") pamphlet.
  • Disclose any known information concerning lead-based paint or lead-based paint hazards. The seller or landlord must also disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.
  • Provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the seller or landlord (for multi-unit buildings, this requirement includes records and reports concerning common areas and other units, when such information was obtained as a result of a building-wide evaluation).
  • Include an attachment to the contract or lease (or language inserted in the lease itself) which includes a Lead Warning Statement and confirms that the seller or landlord has complied with all notification requirements. This attachment is to be provided in the same language used in the rest of the contract. Sellers or landlords, and agents, as well as homebuyers or tenants, must sign and date the attachment.
  • Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity.

For more information regarding this requirement visit: https://www.hud.gov/program_offices/healthy_homes/enforcement/disclosure

For information regarding FREE local programs that may assist you with training, funding, materials or certified contractors contact:

Lead Safe Erie County Program 716-961-6800 or email at leadsafe@erie.gov

Lead Paint Owner Certification Form

Lead Paint Owner Certification Form (pdf)