Buying, selling or renting a home built before 1978? Pick your role and answer two or three questions to see whether the federal lead disclosure rule applies and get a checklist of exactly what has to happen before anyone signs.
In short: for most pre-1978 housing, sellers and landlords (and their agents) must give the EPA lead pamphlet, disclose known lead-based paint and hazards, share available reports, include a Lead Warning Statement, and get signatures. Buyers also get a 10-day opportunity to test. This checklist is guidance, not legal advice.
What the rule does and doesn’t require
The Lead-Based Paint Disclosure Rule, run by EPA and HUD under Section 1018 of the 1992 Residential Lead-Based Paint Hazard Reduction Act, is about informed choice. It does not require sellers or landlords to test for lead or remove it, and it does not cancel contracts. A seller who has never tested can honestly say they have no knowledge, which is why the buyer’s 10-day inspection opportunity matters. Signed copies must be kept for at least three years.
Exemptions
- Housing built after 1977.
- Zero-bedroom units and housing for the elderly or people with disabilities, unless a child under 6 lives or is expected to live there.
- Leases of 100 days or less that cannot be renewed or extended.
- Housing a certified inspector found free of lead-based paint.
- Foreclosure sales, and some lease renewals where full disclosure was already made and nothing is new.
Our full guide to lead paint disclosure covers the Lead Warning Statement, electronic disclosure, agents’ duties and penalties. To use the 10-day window, line up a certified inspector or risk assessor early: find one here.