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Lead poisoning legislation
In 1978 the federal government banned lead paint from residential use. Nevertheless, the federal government estimates that lead paint is still present in 64 million private homes today.
The Lead Based Paint Hazard Reduction Act of 1992, or "Title X," is the first federal lead law which applies to private residential housing. Congress intended for Title X to prompt millions of people to test for, disclose, and control hazards associated with lead-based paint. The law includes three key requirements:
- A seller, landlord or agent must provide a special EPA lead hazard information pamphlet to purchasers and tenants.
- A seller, landlord, or agent must disclose any known lead-based paint hazard on the property and provide a copy of anything regarding the hazard that exists, such as test results, in writing.
- A seller must permit the purchaser ten calendar days in which to conduct a lead risk assessment or an inspection for lead paint. However, tenants lack the same inspection rights.
These disclosure requirements became effective for owners of four or more residential units on September 6, 1996, and for owners of four or fewer residential units on December 6, 1996. The regulations apply to housing built before 1978, and include co-ops.
Please contact us with any questions or if you'd like to explore your legal rights.
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