Landlord's Obligations to Disclose Lead-Based Paint in Units

     It seems that in the Boston area, many if not most leases turn over between June 1 and September 1.  As landlords seeks to find new renters and tenants seek to find new places to live, keep in mind that federal law requires landlords who own a building constructed prior to 1978 must disclose to prospective tenants available information regarding the presence of lead-based paint and lead-based paint hazards in the housing.   The failure to do so can result in penalties from both the Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD).

    Landlords should keep the following in mind:  The disclosure applies to nearly all housing constructed prior to 1978.  Exceptions apply where: (1) a certified inspector has found the property to be lead-based paint free; (2) the rental is for less than 100 days with no ability to extend the rental period; or (3) the lease is a renewal and the landlord has already complied with the disclosure and there is no new information.  There are also exceptions for housing for the elderly and disabled, but only if no children under six resides at the unit.  If you believe you are exempt from these regulations, check with an attorney before deciding that you don't have to provide the necessary paperwork. 

     The disclosures are not onerous.  Landlords or property managers must provide the prospective tenant with a copy of the EPA pamphlet entitled, “Protect Your Family from Lead in Your Home”  or provide an EPA-approved equivalent.  The landlord must disclose to the tenant the presence of any known lead based paint and/or lead based paint hazards in the unit and associated common areas, and disclose “any additional information available” about these conditions, such as the location of the paint and the condition of surfaces.  Landlords also must provide the tenant with “any records or reports available” concerning paint hazards applicable to the building, including other units and the common areas.

    The landlord will need to get the tenant to sign a Lead Warning Statement, such as the one in the preamble to the Lead Disclosure Rule.  Landlords must retain a copy of the signed document for three years; however, the statute of limitations for enforcement is five years,  so landlords are well advised to keep their paperwork for at least that time period.