HUD 

United States Prevention, Pesticides, EPA-747-F-96-002 

Environmental Protection and Toxic Substances March 1996 

Agency (7404)     (Revised 12/96) 

 FACT SHEET 

EPA and HUD Move to Protect Children from Lead-Based Paint 

Poisoning; Disclosure of Lead-Based Paint Hazards in Housing 

SUMMARY 

The Environmental Protection Agency (EPA) and the 

Department of Housing and Urban Development 

(HUD) are announcing efforts to ensure that the public 

receives the information necessary to prevent lead 

poisoning in homes that may contain lead-based paint 

hazards. Beginning this fall, most home buyers and 

renters will receive known information on lead-based 

paint and lead-based paint hazards during sales and 

rentals of housing built before 1978. Buyers and 

renters will receive specific information on lead-based 

paint in the housing as well as a Federal pamphlet with 

practical, low-cost tips on identifying and controlling 

lead-based paint hazards. Sellers, landlords, and their 

agents will be responsible for providing this 

information to the buyer or renter before sale or lease. 

LEAD-BASED PAINT IN HOUSING 

Approximately three-quarters of the nation’s housing 

stock built before 1978 (approximately 64 million 

dwellings) contains some lead-based paint. When 

properly maintained and managed, this paint poses 

little risk. However, 1.7 million children have blood- 

lead levels above safe limits, mostly due to exposure to 

lead-based paint hazards. 

EFFECTS OF LEAD POISONING 

Lead poisoning can cause permanent damage to the 

brain and many other organs and causes reduced 

intelligence and behavioral problems. Lead can also 

cause abnormal fetal development in pregnant women. 

BACKGROUND 

To protect families from exposure to lead from paint, 

dust, and soil, Congress passed the Residential Lead- 

Based Paint Hazard Reduction Act of 1992, also 

known as Title X. Section 1018 of this law directed 

HUD and EPA to 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 disclose known lead- 

based paint and lead-based paint hazards and 

provide available reports to buyers or renters. 

! Sellers and landlords 

must give buyers and 

renters the pamphlet, 

developed by EPA, 

HUD, and the 

Consumer Product 

Safety Commission 

(CPSC), titled Protect 

Your Family from 

Lead in Your Home. 

! Home buyers will get 

a 10-day period to 

conduct a lead-based paint inspection or risk 

assessment at their own expense. The rule gives the 

two parties flexibility to negotiate key terms of the 

evaluation. 

! Sales contracts and leasing agreements must include 

certain notification and disclosure language. 

! Sellers, lessors, and real estate agents share 

responsibility for ensuring compliance.

FOR MORE INFORMATION 

!For a copy of Protect Your Family from Lead in Your Home (in English or Spanish) , the sample disclosure 

forms, or the rule, call the National Lead Information Clearinghouse (NLIC) at (800) 424–LEAD, or TDD 

(800) 526–5456 for the hearing impaired. You may also send your request by fax to (202) 659–1192 or by 

Internet E-mail to ehc@cais.com. Visit the NLIC on the Internet at http://www.nsc.org/nsc/ehc/ehc.html. 

!Bulk copies of the pamphlet are available from the Government Printing Office (GPO) at (202) 512–1800. 

Refer to the complete title or GPO stock number 055–000–00507–9. The price is $26.00 for a pack of 50 

copies. Alternatively, persons may reproduce the pamphlet, for use or distribution, if the text and graphics are 

reproduced in full. Camera-ready copies of the pamphlet are available from the National Lead Information 

Clearinghouse. 

!For specific questions about lead-based paint and lead-based paint hazards, call the National Lead Information 

Clearinghouse at (800) 424–LEAD, or TDD (800) 526–5456 for the hearing impaired. 

!The EPA pamphlet and rule are available electronically and may be accessed through the Internet. 

Electronic Access: 

Gopher: gopher.epa.gov:70/11/Offices/PestPreventToxic/Toxic/lead_pm 

WWW: http://www.epa.gov/opptintr/lead/index.html 

http://www.hud.gov 

Dial up: (919) 558–0335 

FTP: ftp.epa.gov (To login, type “anonymous.” Your password is your Internet E-mail address.) 

WHAT IS NOT REQUIRED 

! This rule does not require any testing or removal of 

lead-based paint by sellers or landlords. 

! This rule does not invalidate leasing and sales 

contracts. 

TYPE OF HOUSING COVERED 

Most private housing, public housing, Federally owned 

housing, and housing receiving Federal assistance are 

affected by this rule. 

TYPE OF HOUSING NOT COVERED 

! Housing built after 1977 (Congress chose not to 

cover post-1977 housing because the CPSC banned 

the use of lead-based paint for residential use in 

1978). 

! Zero-bedroom units, such as efficiencies, lofts, and 

dormitories. 

! Leases for less than 100 days, such as vacation 

houses or short-term rentals. 

! Housing for the elderly (unless children live there). 

! Housing for the handicapped (unless children live 

there). 

! Rental housing that has been inspected by a certified 

inspector and found to be free of lead-based paint. 

! Foreclosure sales. 

EFFECTIVE DATES 

! For owners of more than 4 dwelling units, the 

effective date is September 6, 1996. 

! For owners of 4 or fewer dwelling units, the 

effective date is December 6, 1996. 

THOSE AFFECTED 

The rule will help inform about 9 million renters 

and 3 million home buyers each year. The estimated 

cost associated with learning about the requirements, 

obtaining the pamphlet and other materials, and 

conducting disclosure activities is about $6 per 

transaction. 

EFFECT ON STATES AND LOCAL 

GOVERNMENTS 

This rule should not impose additional burdens on 

states since it is a Federally administered and enforced 

requirement. Some state laws and regulations require 

the disclosure of lead hazards in housing. The Federal 

regulations will act as a complement to existing state 

requirements.