Lead-Based Paint Disclosure
Federal Requirement for Pre-1978 Housing – 42 U.S.C. § 4852d
Under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) and EPA/HUD regulations (24 CFR Part 35, 40 CFR Part 745), landlords MUST provide this disclosure for ANY housing built before 1978. Lead paint was banned in 1978, but millions of older homes still contain it. Violations can result in fines up to $19,507 per violation and potential criminal penalties.
📅 Property Year Built – Disclosure Requirement Check
When Was This Property Built?
Why 1978? The Consumer Product Safety Commission banned lead-based paint for residential use in 1978. Homes built before this date may contain lead paint, which poses serious health risks, especially to children under 6 and pregnant women.
🏠 Property Information
🔍 Landlord’s Disclosure of Lead-Based Paint Knowledge
Presence of Lead-Based Paint (Check One)*
Records and Reports (Check One)*
📚 EPA Pamphlet Requirement
📖 “Protect Your Family From Lead in Your Home” Pamphlet
Federal law requires landlords to provide the EPA pamphlet to all tenants of pre-1978 housing.
👤 Lessee’s (Tenant’s) Acknowledgment
10-Day Inspection Opportunity: Federal regulations give tenants the right to conduct a lead-based paint inspection or risk assessment at their own expense within 10 days (or mutually agreed upon period). This right may be waived.
🏢 Agent’s Acknowledgment (If Applicable)
👔 Lessor’s (Landlord’s) Certification
Landlord Signature
✍️ Lessee (Tenant) Signatures
Tenant Signature(s)
Record Retention Requirement: Federal law requires landlords to retain a copy of this signed disclosure for at least 3 years from the date the leasing period begins. Keep this document in your records!
Colorado Lead-Based Paint Disclosure Requirements
The Lead-Based Paint Disclosure is a federal requirement under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (commonly called “Title X” or “Title Ten”) and its implementing regulations. This applies to ALL rental housing in Colorado (and nationwide) built before 1978.
Who Must Provide This Disclosure?
Every landlord, property manager, or agent involved in leasing “target housing” must provide this disclosure. Target housing includes most residential housing built before 1978, with limited exceptions:
| Required For | Exempt Properties |
|---|---|
| Houses, apartments, condos built before 1978 | Housing built in 1978 or later |
| Mobile homes built before 1978 | 0-bedroom units (studios, efficiencies, dorms) |
| Multi-family properties of any size | Housing for the elderly (unless children present) |
| Single-family homes | Short-term rentals (100 days or less) |
What Must Be Disclosed?
Landlords must disclose:
- Known lead-based paint – Any known presence of lead-based paint in the housing
- Known lead hazards – Any known lead-based paint hazards (deteriorating paint, lead dust, etc.)
- Available records – All available reports from lead inspections, risk assessments, or abatement activities
- EPA pamphlet – The federally-approved pamphlet “Protect Your Family From Lead in Your Home”
Tenant’s Right to Inspect
Federal regulations give tenants the right to:
- Conduct a lead-based paint inspection or risk assessment before signing the lease
- A 10-day period (or mutually agreed period) to complete the inspection
- Waive this right if they choose not to inspect
Penalties for Non-Compliance
Failure to comply with lead-based paint disclosure requirements can result in:
- Civil penalties up to $19,507 per violation (adjusted for inflation)
- Criminal penalties including fines and imprisonment for knowing violations
- Triple damages in private lawsuits by tenants
- Liability for medical costs if a child is lead-poisoned
Colorado-Specific Considerations
Colorado has many older homes, particularly in cities like Denver, Boulder, Colorado Springs, and mountain communities. Key points for Colorado landlords:
- Many Victorian-era homes in Denver and mountain towns contain lead paint
- Colorado does not have additional state-level lead disclosure requirements beyond federal law
- The Colorado Department of Public Health and Environment (CDPHE) has resources for lead testing
- Renovation work on pre-1978 homes must comply with EPA’s RRP (Renovation, Repair, and Painting) Rule
Resources
- EPA Lead Information: epa.gov/lead
- EPA Pamphlet: “Protect Your Family From Lead in Your Home”
- CDPHE Lead Program: cdphe.colorado.gov
- National Lead Information Center: 1-800-424-LEAD
⚠️ Legal Disclaimer
This form is designed to help landlords comply with federal lead-based paint disclosure requirements. However, lead-based paint regulations are complex and subject to change. If you have questions about your specific obligations or if your property has known lead hazards, consult with an attorney or lead professional. This form should be used in conjunction with the official EPA pamphlet.
