Free Louisiana Lead Paint Disclosure
The federal disclosure every Louisiana landlord must deliver before leasing housing built before 1978. Authority is 42 U.S.C. 4852d and 40 CFR Part 745 Subpart F. Louisiana adds no lead paint disclosure statute of its own — and the 10-day inspection window you see quoted everywhere is a sales rule, not a rental rule.
A Louisiana 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). Louisiana imposes no lead paint disclosure statute of its own — we walked the state’s entire lead chapter to confirm it, and the words lessor and landlord never appear there. What Louisiana does add sits elsewhere: a Civil Code lease warranty that reaches defects you never knew about and cannot be waived away for a health hazard, plus a regulator split that sends your abatement to LDEQ and your ordinary repairs to EPA Region 6. 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.
- Louisiana has no lead paint disclosure statute. The duty is 100% federal. R.S. 30:2351.1–.59 is Louisiana’s lead chapter and it regulates contractors, not landlords — the word “lessor” appears in it zero times.
- The 10-day inspection window does not apply to leases. 40 CFR 745.110(a) gives it to purchasers only. The lessor items at 40 CFR 745.113(b) contain no inspection item.
- A 0-bedroom dwelling is excluded outright. Under 40 CFR 745.103 the exclusion for “any 0-bedroom dwelling” — an efficiency, studio, or rented room where the living area is not separated from the sleeping area — is a separate, unconditional exclusion. Only the elderly-or-disabled limb carries the child-under-six condition, so a studio stays outside target housing even with a young child in it.
- You never have to test. The rule compels disclosure of actual knowledge, not investigation. But Louisiana’s Civil Code art. 2697 warranty reaches defects you did not know about — so not testing is not a shield in state court.
- Your as-is clause does not cover lead. Civil Code art. 2699(3) voids any waiver of the warranty for defects that seriously affect health or safety in a residential lease.
- Abatement is LDEQ’s; renovation is EPA’s. Louisiana never took RRP authorisation. LDEQ states plainly that it “does not have authority over” the RRP rule and points landlords to EPA Region 6.
- Retain the signed disclosure three years from the start of the leasing period (40 CFR 745.113(c)). It is your only real defence in an enforcement inquiry.
Louisiana lead paint disclosure overview
Louisiana Lead Paint Disclosure at a Glance
Trigger
Built before 1978
Authority
42 U.S.C. 4852d
Louisiana statute
None — federal only
Retention
3 years
Timing
Before lease obligation
Pamphlet
EPA, mandatory
Duty to test
No
10-day inspection
Sales only
Abatement regulator
LDEQ
Renovation (RRP)
EPA Region 6
Lease warranty
CC arts. 2696–2699
Waiver of warranty
Void for health hazards
What the Louisiana 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 a Louisiana 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. The words are prescribed. They are not a template you improve.
Second, it transmits the lessor’s actual knowledge of lead-based paint and lead-based paint hazards in the dwelling. The lessor picks exactly one of two positions: known lead-based paint or hazards are present, with an explanation, or the lessor has no knowledge of any. There is no third box and no “unknown” hedge.
Third, it transmits the records. Any inspection report, risk assessment, abatement record, or lead evaluation in the lessor’s possession goes to the lessee with the form, or the lessor states affirmatively that none exists. This item catches more landlords than the knowledge item, because records covering the wider building are easy to forget.
Fourth, it documents receipt — of the disclosure itself and of the EPA pamphlet. The lessee’s initials, and any agent’s, are what an investigator asks for first. A landlord with a signed, dated, retained disclosure is in a fundamentally different position from one without.
The duty is not waivable and does not bend to circumstances. A pre-1978 Louisiana rental leased without a signed disclosure is a violation on the day the lease is signed, whether or not the unit contains any lead at all. That last point surprises people: the violation is the failure to disclose, not the presence of lead. You can be penalised for skipping the paperwork on a building that turns out to be perfectly clean.
Does Louisiana have its own lead paint law?
Not for disclosure. The duty is entirely federal. This is the question no page ranking for Louisiana lead paint actually answers from statute, so here is the work behind the answer.
Louisiana’s lead legislation is the Lead Hazard Reduction chapter at R.S. 30:2351.1 through 2351.59, enacted by Acts 1993, No. 224. We read every section of it that exists on the Louisiana State Legislature’s own site — 2351.1 through 2351.12, 2351.21 through 2351.23, 2351.41, and 2351.51 through 2351.59. Across that entire chapter, the word lessor appears zero times, the word landlord appears zero times, and the phrase owner shall appears zero times. The only provisions containing the word “disclose” are 2351.5(B)(3) and 2351.10(B)(2), which require a contractor renewing a licence to disclose their own prior regulatory violations. That is not a landlord disclosure duty by any reading.
What the chapter actually is, is a contractor regime:
- R.S. 30:2351.2 — no person may perform lead hazard reduction activities in Louisiana unless licensed or certified.
- R.S. 30:2351.3 — the certification categories: lead hazard reduction planner, inspector, lead project supervisor, worker.
- R.S. 30:2351.4 — lead contractors are licensed through the State Licensing Board for Contractors.
- R.S. 30:2351.12(B) — the chapter does not apply to a homeowner doing lead work on a residence they own and occupy. Read that limb carefully: it is an owner-occupier carve-out. It is not a landlord exemption, and a landlord who assumes otherwise has misread it.
- R.S. 30:2351.23 — a lead contractor must hold a permit from the secretary before commencing an abatement project.
- R.S. 30:2351.53 — where lead reports exist for a licensed day care, preschool or school first operated after 1 August 2012, the owner and inspector jointly notify the secretary and the state health officer in writing within 90 days. This is a child-occupied facility duty. It is not a residential rental duty.
- R.S. 30:2351.56 — Louisiana’s rules must be no less stringent than the federal minimum, and yield where federal law preempts.
The other place a Louisiana lead duty might have lived is Title 40, the public health title. The former Part XVII, “Lead Poisoning Prevention and Control” at R.S. 40:1299.20, was repealed by Acts 1989, No. 662, and the neighbouring provisions were redesignated out by HCR 84 of 2015. There is no current Title 40 provision putting a lead duty on a residential landlord.
The state agency says the same thing
The Louisiana Department of Environmental Quality explains Section 1018 on its own lead FAQ and describes it in these words: the rule “will be federally administered and will act as a complement to the disclosure requirements that already exist in some states.” LDEQ never claims Louisiana is one of those states, because it is not. LDEQ’s own account of its remit, from the same page, is that the 1993 Legislature directed it to “establish and implement rules that govern lead-based paint activities” — activities, meaning the work, meaning contractors.
Why does this matter to you as a landlord? Because the commonest way a compliance page goes wrong is by finding a state’s lead-contractor statute, seeing the words “lead” and “Louisiana” in the same chapter, and reporting it as though it created a landlord duty. It does not. Conflating a contractor certification regime with a disclosure duty produces a page that sounds authoritative and tells you to do things the law never asked of you. “Louisiana adds nothing to the federal disclosure duty” is the correct answer, and it is a useful one: it means you can stop hunting for a Louisiana form. The federal form is the form. What you cannot ignore is the Civil Code — see the Louisiana Civil Code overlay below, which is where this state genuinely bites.
One honest caveat on the local layer. Several Louisiana municipalities, New Orleans in particular, run their own healthy-homes, rental-registration and lead-work programmes, and these can impose real obligations that state law does not. We could not retrieve the current primary text of any New Orleans ordinance while preparing this page, so we state no ordinance number, no deadline and no duty here rather than repeat an unverified claim. If your property is in New Orleans or another municipality with a rental registry, confirm the local requirements with the city directly. A city ordinance is never state law, and an unverified ordinance is not a rule you should be planning around.
Who regulates lead in Louisiana: LDEQ, EPA Region 6, and the gap between them
This is the most practically useful thing on this page and no competing Louisiana result covers it. Louisiana splits lead oversight across two regulators, and the split is counter-intuitive: the state runs the rare work and the federal government runs the common work.
| Activity | Who regulates it in Louisiana | Authority | What you actually do |
|---|---|---|---|
| Disclosure before a lease of pre-1978 housing | EPA and HUD — federal only. Louisiana adds nothing. | 42 U.S.C. 4852d; 40 CFR 745 Subpart F; 24 CFR 35 Subpart A | Deliver the federal disclosure and pamphlet before the tenant is obligated. Retain three years. |
| Abatement — work intended to eliminate lead hazards permanently | LDEQ (Louisiana Department of Environmental Quality) | R.S. 30:2351.1–.59; LDEQ lead rules at LAC Title 33, Part III | Hire an LDEQ-accredited inspector, risk assessor, supervisor and workers. The contractor pulls an abatement permit under 2351.23. |
| Renovation, repair and painting that disturbs paint in a pre-1978 unit | EPA Region 6 — not LDEQ. Louisiana is not an RRP-authorised state. | 40 CFR 745 Subpart E (the RRP rule) | Hire an EPA-certified renovation firm. Give occupants the lead-hazard information before work starts. |
| Habitability and the lease warranty | Louisiana courts, under the Civil Code | La. Civ. Code arts. 2682, 2684, 2691, 2696–2699 | Repair the defect. You cannot contract out of a health-and-safety hazard. |
The middle two rows are where landlords go wrong. Abatement is a deliberate, permanent hazard-elimination project — the k
