Lead Paint - Issue Summary
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| What is the fundamental issue? |
To limit exposure of humans, especially children, to lead-based paint hazards, Congress in 1992 enacted the Residential Lead-Based Paint Hazard Reduction Act (Title X of Public Law 102-550). Section 1018 of Title X regulates disclosure of lead-based paint in sales and lease transactions involving pre-1978 residential properties.
The most current EPA rule in this area addresses lead hazards in remodeling and renovation activities. EPA is requiring additional regulatory compliance procedures before, during and after any remodeling or renovation activity. This would impose increased regulatory burdens and costs on property managers and Realtors with property management responsibilities. |
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| I'm a Realtor®. What does this mean to my business? |
| Pursuant to Section 1018, Realtors are required to (1) obtain information from a seller regarding the known existence of lead-based paint in a home; and (2) provide information regarding the hazards of lead-based paint in the home. Failure to comply with this rule could result in warnings and monetary fines. |
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| NAR Policy: |
| NAR opposes mandatory testing for lead-based paint tied to the transaction process and supports property condition disclosure and education. |
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| Legislative/Regulatory Status/Outlook: |
| The rule was promulgated on April 22, 2008, and EPA is beginning the regulatory implementation process. |
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| Related Information: |
| http://www.realtor.org/leadpaint |
 Link to Thomas
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