Free Kansas Lead Paint Disclosure

A Kansas 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). Kansas imposes no separate lead paint disclosure statute — the duty here is purely federal. What Kansas does add is a lead-activities certification regime run by the Department of Health and Environment, which is often mistaken for a landlord duty but is not one. If you are leasing in more than one state, our federal lead-based paint disclosure form is the generic version of the Kansas form on this page. Generate the form below, then read on for exactly what the rule requires.

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Kansas lead paint disclosure overview

The lead paint disclosure — often called the Section 1018 disclosure, after the 1992 statute that created it — is the formal federal notice a Kansas 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 Kansas 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.

No. Kansas has no state-specific lead paint disclosure statute, and this page will not invent one. We read the Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 through 58-2573) section by section on the Kansas Revisor of Statutes site: there is no lead-based paint provision anywhere in it. The landlord-duties section, K.S.A. 58-2553, requires a landlord to comply with applicable building and housing codes materially affecting health and safety, to maintain the common areas, and to keep electrical, plumbing, heating, and similar systems in working order — but it does not mention lead, and it contains no “fit for human occupancy” language that some omnibus guides attribute to it. Every substantive disclosure requirement 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 “Kansas lead paint disclosure” pages imply a Kansas rule exists, then describe the federal one. If you are searching for the Kansas statute number for lease disclosure, there isn’t one to find. What Kansas does contribute is a genuinely separate regime that is easy to mistake for a landlord duty, and a habitability overlay worth knowing:

• The KDHE lead-activities regime — K.S.A. 65-1,200 et seq. Kansas has the Residential Childhood Lead Poisoning Prevention Act, which licenses firms and certifies individuals to perform lead-based paint activities and runs childhood blood-lead surveillance. It is a contractor and public-health regime, not a lease-disclosure duty. Detailed in its own section below.
• Habitability — K.S.A. 58-2553. The landlord’s duty to comply with building and housing codes materially affecting health and safety applies independently of disclosure. Deteriorated lead paint can be a code and habitability defect on its own, whether or not you disclosed it. Disclosure does not cure a hazard; it only discloses one. See our Kansas habitability laws guide.
• Local programs. Some Kansas cities and counties run healthy-homes or rental-registration programs that can add inspection or notice obligations. These are municipal, not statewide. Check with local code enforcement or the county health department before assuming none applies.

Because the disclosure obligation is federal rather than state-specific, the same disclosure applies to a rental in any state. That also means you should read our Kansas landlord-tenant laws overview for the state duties that do attach to a Kansas tenancy — deposits, entry, and habitability — none of which this federal form addresses.

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.

Note what is not in that list: no inspection window, no testing requirement, no filing with any agency, and no obligation to remediate. The rule is an information-transfer rule. It makes you tell the truth about what you know and hand over what you hold; it does not make you go looking.

“Target housing” is the federal term for property subject to the rule. The definition at 40 CFR 745.103 is residential dwellings constructed before 1 January 1978, subject to the narrow exclusions in the next section.

Why 1978 — and which 1978 date actually governs. The operative cutoff comes from the definition itself: 40 CFR 745.103 defines target housing as housing constructed prior to 1978, meaning construction before 1 January 1978. The historical reason that year was chosen is the Consumer Product Safety Commission’s ban on lead-containing paint at 16 CFR 1303.1 — but that ban applies to paint manufactured after 27 February 1978, which is not the same date. Competing pages routinely merge the two and report the CPSC ban as effective 1 January 1978. It was not. The distinction has no practical effect on your compliance answer, because the construction cutoff in 745.103 is what decides coverage, but it does tell you which cite to trust: for whether your unit is covered, read 745.103, not the CPSC rule. Housing constructed from 1 January 1978 onward sits outside the disclosure regime entirely.

How to verify the build year in Kansas. The county appraiser’s record is the fastest authoritative source, and every Kansas county maintains one; many publish parcel data online. The original certificate of occupancy, the building permit file, and register-of-deeds title records also establish it. The lessor carries the burden of correctly identifying target housing — “I think it was around 1980” is not a defence, and a guess that turns out wrong is a knowing violation waiting to happen.

Renovation does not reset the clock. A 1962 building stripped to the studs and rebuilt in 2001 is still target housing. The original construction date controls, not the date of the most recent renovation. This trips up owners of heavily rehabbed older stock constantly.

Common areas in multi-unit buildings. If the building predates 1978, the disclosure scope reaches the common areas as well as the leased unit — hallways, stairwells, porches, laundry rooms, and shared storage. This has a practical consequence for records, covered below: a building-wide evaluation is disclosable to every tenant in the building, not just the one whose unit it sampled.

Kansas context. Kansas’s pre-1978 stock is concentrated in the older urban cores — substantial parts of Wichita, Kansas City (Kansas), Topeka, Lawrence, Leavenworth, and Hutchinson — while most suburban and exurban development postdates the trigger. Portfolio landlords with mixed-vintage holdings are the ones who get caught, because the compliance answer differs unit by unit. When in doubt, verify against the county appraiser record rather than relying on the exemption.

Even pre-1978 property can fall outside the rule. The carve-outs are narrow, and they come from two different places in the regulation — which is why competing lists of “the lead paint exemptions” disagree with one another. Some are exclusions written into the definition of