Free Alaska Lead Paint Disclosure
The federal disclosure every Alaska landlord must deliver before leasing housing built before 1978. Authority is 42 U.S.C. 4852d and 40 CFR Part 745 Subpart F. Alaska adds no lead paint statute of its own — and the 10-day inspection window you see on other sites is a sales rule, not a rental rule.
An Alaska lead paint disclosure is the federally mandated form a landlord delivers to a prospective tenant before any lease of residential property built before 1978. It carries the fixed federal lead warning statement, states the lessor’s actual knowledge of lead-based paint and hazards, lists the records being handed over, documents the tenant’s receipt of the EPA pamphlet Protect Your Family From Lead in Your Home, captures any agent’s acknowledgment, and is signed and dated by every party. Authority is 42 U.S.C. 4852d (Section 1018 of Title X, the Residential Lead-Based Paint Hazard Reduction Act of 1992), implemented at 40 CFR Part 745 Subpart F (EPA) and 24 CFR Part 35 Subpart A (HUD). Alaska imposes no separate lead paint disclosure statute — we checked the primary text rather than assuming, and the word “lead” does not appear anywhere in the Alaska Uniform Residential Landlord and Tenant Act. What Alaska does add is an independent habitability duty under AS 34.03.100 for deteriorated paint, covered in our Alaska habitability laws guide. Generate the form below, then read on for exactly what the rule requires.
- Pre-1978 is the only trigger. Original construction before 1 January 1978 makes the unit “target housing” and the disclosure mandatory. The build date controls even if the unit was gutted and rebuilt in 1995.
- Alaska has no lead paint statute. The duty is 100% federal. AS 34.03, the Alaska landlord-tenant act, does not contain the word “lead” at all. Alaska’s contribution is habitability (AS 34.03.100) and a landlord-identity disclosure (AS 34.03.080).
- AS 18.63 is not a lead law. Alaska’s “Hazardous Painting Certification” chapter is a painter-certification regime and never says “lead”. It is the one Alaska statute landlords mistake for a lead duty. It is not one.
- The 10-day inspection window does not apply to leases. 40 CFR 745.110 gives it to purchasers only. The lessor rules at 40 CFR 745.113(b) contain no such item.
- You never have to test. 40 CFR 745.107(a) says nothing in it implies a positive obligation to conduct any evaluation. “No knowledge” is honest and lawful when nothing has been tested and you hold no reports.
- Deliver before the tenant is obligated, not at move-in and not with the keys. Late delivery is the same violation as no delivery.
- Retain the signed disclosure three years from the commencement of the leasing period (40 CFR 745.113(c)). It is your only real defence in an enforcement inquiry.
- Renovation is a second, separate duty. Disturbing paint in an occupied pre-1978 unit triggers the RRP rule and a 60-day lead-hazard-information notice.
Alaska lead paint disclosure overview
Alaska Lead Paint Disclosure at a Glance
Trigger
Built before 1978
Authority
42 U.S.C. 4852d
Alaska Statute
None — federal only
Retention
3 years
Timing
Before lease obligation
Pamphlet
EPA, mandatory
Duty to test
No
10-day inspection
Sales only
What the Alaska lead paint disclosure does
The lead paint disclosure — often called the Section 1018 disclosure, after the 1992 statute that created it — is the formal federal notice an Alaska landlord delivers to a prospective tenant for any residential property built before 1978. It does four things in one document.
First, it puts the tenant on notice of potential lead exposure through the federally mandated lead warning statement, the fixed language at 40 CFR 745.113(b)(1) that must be attached to or included within the lease.
Second, it transmits the lessor’s actual knowledge of lead-based paint or hazards in the dwelling. The lessor picks one of exactly two positions: known lead-based paint or hazards are present, with a description of what is known; or the lessor has no knowledge of lead-based paint or hazards in the housing. There is no third box, and there is no “maybe”.
Third, it transmits any reports the lessor holds from prior inspections, risk assessments, or hazard-reduction work. The lessor either provides copies of all available records and lists them, or affirmatively states that no reports or records exist.
Fourth, it documents the tenant’s receipt of the disclosure and of the EPA pamphlet. The signed acknowledgment is the landlord’s primary defence in any later EPA or HUD inquiry or private civil action.
The disclosure is not optional and the duty is not waivable by agreement. A pre-1978 Alaska rental leased without one exposes the landlord to government civil penalties and to a tenant’s private action for triple damages plus fees. Compliance takes fifteen minutes; non-compliance is the most expensive paperwork failure in pre-1978 rental practice.
Does Alaska have its own lead paint law?
No. Alaska has no state-specific lead paint disclosure statute, and this page will not invent one. That is a short answer, but it is the answer the whole search result set is missing, so it is worth showing the work rather than asserting it.
We pulled the primary text from the Alaska Legislature’s own database rather than relying on a summary. The Alaska Uniform Residential Landlord and Tenant Act, AS 34.03, runs to roughly 64,000 characters and does not contain the word “lead” even once. Its only disclosure requirement is AS 34.03.080, which obliges a landlord to disclose in writing, at or before the start of the tenancy, the name and address of the person authorised to manage the premises and of the owner or a person authorised to act for the owner. That is a landlord-identity rule, not a lead rule. Unlike the handful of states that layer their own lead registry, testing, or certification requirements on top of the federal rule, Alaska does not. Every substantive requirement described on this page comes from federal law: 42 U.S.C. 4852d, 40 CFR Part 745 Subpart F, and 24 CFR Part 35 Subpart A.
This matters because a lot of “Alaska lead paint disclosure” pages imply an Alaska rule exists and then describe the federal one. If you are searching for the Alaska statute number, there isn’t one to find. What Alaska contributes is three adjacent things worth knowing:
- Habitability — AS 34.03.100. The landlord must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, and keep all common areas in a clean and safe condition. That duty applies independently of disclosure. Deteriorated lead paint can be a habitability defect on its own, whether or not you disclosed it. Disclosure does not cure a hazard; it only discloses one.
- Landlord identity — AS 34.03.080. The genuinely Alaska-specific disclosure landlords actually owe at the start of a tenancy. It is a wholly separate duty from lead, and it is not satisfied by this form.
- Local codes. Alaska municipalities and boroughs can run their own housing-code or rental-registration programmes that add inspection or notice obligations. These are municipal, not statewide, and we make no claim about any specific ordinance here. Check with local code enforcement before assuming none applies.
Because the obligation is federal rather than state-specific, the same disclosure applies to a rental in any state — our federal lead-based paint disclosure form is the generic version of the Alaska form on this page.
AS 18.63: the Alaska statute that looks like a lead law and isn’t
There is exactly one Alaska statute that landlords, and a fair number of training vendors, mistake for a state lead-paint duty: AS 18.63, “Hazardous Painting Certification.” Search for an Alaska lead law and this chapter is what surfaces. No competing page on this topic explains it, so here it is, read from the statute rather than from a course brochure.
The chapter never mentions lead. Not once, in the entire chapter. That alone should settle most of the confusion, but the substance settles the rest.
What it actually says. AS 18.63.010(a) provides that a person may not employ or contract with a professional painter to perform hazardous painting for compensation unless the painter holds a current valid hazardous painting certificate issued by the Department of Labor and Workforce Development. AS 18.63.020 makes the certificate valid for three years and conditions it on completing an approved training programme. AS 18.63.050 directs the department to inspect job sites and issue citations. AS 18.63.070 permits a civil fine as a penalty of not more than $200 for a first violation and not more than $1,000 for a subsequent violation of the chapter.
Why it is not a lead rule. AS 18.63.100(2) defines “hazardous painting” as the application of a substance containing or combined with a toxic or hazardous substance to create a coating that will adhere to a surface — expressly excluding water-based paint that does not contain emulsion epoxies or isocyanates. That is a rule about putting new coatings on, aimed at protecting the painter from what they are spraying. It is not a rule about disturbing the old lead paint already on a 1962 building’s window trim. The definition of “toxic or hazardous substance” it borrows from AS 18.60.105 works entirely by cross-reference to federal occupational lists and does not name lead either.
The distinction that matters for an Alaska landlord
AS 18.63 is a contractor-certification regime; it is not a landlord disclosure duty. It imposes no obligation to disclose anything, to test anything, to register anything, or to notify a tenant of anything, and leasing a property does not trigger it. It can still touch you: if you hire a professional painter to do hazardous painting for compensation, AS 18.63.010(a) puts the duty on you to make sure that painter is certified. But the rule that governs disturbing old paint in a pre-1978 Alaska rental is the federal RRP rule at 40 CFR Part 745 Subpart E, covered further down this page — not AS 18.63. Do not treat a hazardous painting certificate as RRP certification. They are different programmes, run by different governments, for different hazards.
What the rule actually requires: the six elements of 40 CFR 745.113(b)
Most guides list “three things” a landlord must do. The regulation is more precise than that. 40 CFR 745.113(b) requires six distinct elements in the lease or an attachment to it. A disclosure missing any one of them is defective, regardless of how professional the form looks. This is the checklist to audit your own paperwork against.
| Element | What 40 CFR 745.113(b) requires | Who completes it |
|---|---|---|
| (b)(1) Lead warning statement | The fixed federal paragraph, reproduced in its prescribed wording, attached to or inserted into the lease. | Pre-printed on the form |
| (b)(2) Lessor’s disclosure of known paint and hazards | A statement disclosing the presence of known lead-based paint and hazards, including any additional information available (for example the basis for the determination, the location, and the condition of painted surfaces) — or a statement of no knowledge. | Lessor |
| (b)(3) List of records and reports | A list of any records or reports available to the lessor that were provided to the lessee — or a statement that no such records exist. | Lessor |
| (b)(4) Lessee’s acknowledgment | A statement by the lessee affirming receipt of the information in (b)(2) and (b)(3) and of the lead hazard information pamphlet required under 15 U.S.C. 2696. | Lessee (initials) |
| (b)(5) Agent’s statement | Where an agent is involved on behalf of the l |
