Lead Paint Disclosure
Federal lead disclosure applies to most covered housing built before 1978. The seller or lessor discloses known lead-based paint and hazards, supplies available records and the approved pamphlet, and completes the required contract statements and signatures before the buyer or tenant becomes obligated.
This is a disclosure of information, not a deed, title transfer, lead inspection or clearance certificate. Use actual construction, knowledge and delivery facts.
Is the property in Washington, D.C.?
Use the District sales form or District rental form for the applicable local disclosures. The District rental form also addresses lead plumbing and water. Keep the federal disclosure and required pamphlet separate. See the tenant rights notice for covered rentals.
For an affected Maryland rental, give each tenant the MDE Notice of Tenant’s Rights, the EPA lead pamphlet and a copy of the current verified inspection certificate at lease execution or the start of the tenancy. Supply the notice and packet again at least every two years after each was last given. Use certified mail with return receipt requested or another verifiable method approved by MDE, and document the notice to MDE. At a change in occupancy, have the property inspected and meet the risk-reduction standard before the next tenant moves in.
An acquirer of an affected rental with tenants must give the notice and packet before transfer or within 15 days afterward. Coverage depends on the rental dwelling, year built, voluntary election and qualifying statutory exclusions. See Maryland’s tenant resources, §6-820 and §6-823.
Check the actual coverage facts
Verify the construction year and any claimed exception. A short-term rental qualifies for the federal short-lease exception only if its maximum term is 100 days or less and no renewal or extension can occur. A lease certified lead-based-paint-free requires qualifying inspection evidence; that lease exception does not automatically exempt a sale. Foreclosure sales have a separate exception.
Under EPA’s current coverage guidance, zero-bedroom housing and designated elderly/disability housing are not excluded when a child under six resides or is expected to reside there. Do not turn an unknown occupancy fact into a no-child finding. A federal exception does not remove separate state/local or renovation duties.
This builder does not assume a renewal exception. Where relying on prior disclosure, confirm the specific federal renewal conditions, including whether new information is available.
Renewing an existing lease can qualify for a federal exception if the lessor previously disclosed all information required by 40 CFR §745.107 and has received no new covered information. Keep the prior disclosure and document the review. A new tenant, incomplete prior disclosure or new covered information calls for a fresh coverage review. Local renewal notices can still be due.
Disclose known facts and deliver the materials
Describe known lead-based paint or hazards and their basis, location and condition. List the available inspection, risk-assessment and other reports. Include required common-area or other-unit information; do not substitute a generic statement for records that are available.
Give the approved pamphlet and required information before obligation. Record actual delivery and obtain truthful receipt acknowledgments. Electronic delivery has its own consent, access and retention requirements. Selecting a future delivery plan does not establish receipt.
Record the buyer’s actual inspection choice
For covered sales, provide the buyer’s 10-day opportunity for a risk assessment or inspection, unless the parties mutually agree in writing to another period or the buyer waives the opportunity in writing. Do not preselect a waiver or infer agreement from silence.
The seller and buyer must review the actual election and timing in relation to the purchase contract. This federal sales opportunity is not an automatic 10-day rental inspection right.
Separate state and local duties
Federal disclosure is only one part of the transaction. State and local rules may require separate agency packages, inspections, rental registration, notices, safe work or hazard correction. Select the property jurisdiction and verify these duties before signing.
Massachusetts updated notification packages
Use the current Massachusetts DPH/CLPPP Tenant Lead Law Notification or Property Transfer Lead Paint Notification package, with all required pages, records and signatures. The packages combine state and federal notification. The separate vacation/recreational exemption has its own 31-day conditions and signed notice; the federal 100-day rule does not establish that exemption. Our Massachusetts builder directs you to these official forms.
NYC annual notice and investigation guidance
Check New York State and local lead-hazard requirements separately. In New York City, covered owners send the annual notice January 1–16 and collect responses by February 15. This is separate from the federal transaction disclosure. HPD’s covered rental-unit and common-area XRF testing deadline was August 9, 2025; testing is not limited to units with a child currently living there. Review coverage, follow-up, investigations, safe work, turnover and records through HPD.
Texas Property Code §5.008
For a Texas sale, determine whether the separate Property Code §5.008 seller’s notice applies. Its coverage and exceptions are different from the federal lead rule. Complete each applicable disclosure before the relevant deadline; providing one form does not automatically satisfy the other.
Florida Statutes §404.056
Florida’s separate statutory radon notice must be checked for the actual sale or rental. A federal lead exemption does not determine whether that notice is required. Identify any additional local housing, inspection and repair obligations for the property.
California Civil Code §1102.6
Determine whether the California Transfer Disclosure Statement and other property-transfer disclosures apply to the sale. They do not replace the federal lead disclosure. Separately check state and local lead-hazard, rental inspection and safe-work requirements; this form is not a hazard clearance or inspection certificate.
Illinois Residential Real Property Disclosure Act
For Illinois sales, check the separate Residential Real Property Disclosure Act and its coverage and exceptions. Rental and renovation activities can trigger independent state lead-program or local requirements. Neither the federal disclosure nor a no-knowledge statement certifies that a building is safe or lead-free.
Initial, sign and retain the completed record
Include the required warning statement, knowledge and records statements, receipt acknowledgment, buyer election where applicable, and agent acknowledgment. Each required seller/lessor, purchaser/lessee and covered agent signs and dates. The form must use the underlying contract’s language; this builder produces English text.
Keep the executed sale disclosure for at least three years after sale completion, or the rental disclosure for at least three years after the leasing period begins. Longer or additional state/local record requirements may apply. Retain the actual reports and delivery evidence.
Sample and builder
The sample is an illustration with placeholders and draft delivery status. It does not certify that a property has been inspected or that anybody received materials. Enter actual facts and complete all delivery, review and signing steps for the transaction.
Common questions
Official sources
- EPA disclosure rule, coverage and current forms
- Federal disclosure content and retention requirements
- EPA disclosure responsibilities and delivery
- EPA lead pamphlet
- Federal applicability and exceptions
- Massachusetts updated notification packages
- NYC annual notice and investigation guidance
- Texas Property Code §5.008
- Florida Statutes §404.056
- California Civil Code §1102.6
- Illinois Residential Real Property Disclosure Act