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Was Your House Built Before 1978?

Under the Protection from Lead law, before finalizing a contract for the sale or lease of housing built before 1978:

  • Sellers, landlords or their agents must disclose known information regarding lead-based paint hazards in the housing including copies of any inspection reports;
  • Sellers, landlords or their agents must provide purchasers and renters with an EPA pamphlet titled "Protect Your Family from Lead in Your Home";
  • Purchasers have ten days to inspect or test for lead hazards.* This time period may be shortened or lengthened by mutual agreement; and
  • Sales contracts and leasing agreements must contain disclosure statements. Signed copies must be kept for three years.

What type of homes does this law apply to?

This law applies to most private housing, public housing and housing that is Federally owned or funded. The law does not apply to the following kinds of residential properties:

  • Housing built after 1977.
  • "Zero-bedroom" dwellings such as studios, dormitories, lofts, etc.
  • Properties leased for 100 days or fewer, such as vacation homes and short term rentals.
  • Housing for the elderly or handicapped (unless children live there).
  • Rental housing that has been inspected by a certified inspector and found to be free of lead-based paint. (Lead-based paint is paint that contains 1.0 mg/cm2 or (0.5% by weight) or more lead.)
  • Foreclosure sales.

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