Free Puerto Rico Lead Paint Disclosure

A Puerto Rico Lead-Based Paint Disclosure is the federally-mandated form a landlord must deliver to a tenant before any lease of residential property built before 1978. The form discloses any known lead-based paint or lead-based paint hazards, attaches the EPA pamphlet “Protect Your Family From Lead in Your Home,” and includes signed acknowledgments from the lessor, lessee, and any agent. Federal authority is 42 U.S.C. § 4852d (Residential Lead-Based Paint Hazard Reduction Act of 1992), implementing regulations at 40 CFR Part 745 Subpart F (EPA) and 24 CFR Part 35 Subpart A (HUD). Puerto Rico does not impose state-specific disclosure beyond the federal rule, but Puerto Rico habitability law applies independently to deteriorated lead paint. The form on this page produces a federally-compliant disclosure; the rest of this guide walks through when it applies, what it must contain, and how to retain it.

▶ Watch: Puerto Rico Lead Paint Disclosure explained

What this disclosure does

The Lead-Based Paint Disclosure (sometimes called the “Section 1018 disclosure” after the 1992 statute that created it) is the formal federally-required notice a Puerto Rico landlord delivers to a prospective tenant for any residential property built before 1978. It accomplishes four things in one document.

First, it puts the tenant on notice of potential lead exposure through the federally-mandated Lead Warning Statement — verbatim language at 40 CFR § 745.113(b)(1) — that must be attached to or included within the lease.

Second, it transmits any actual knowledge the lessor has about lead-based paint or lead-based paint hazards in the dwelling. The lessor must check one of two boxes: (a) “known lead-based paint and/or lead-based paint hazards are present” with explanation, or (b) “no knowledge of lead-based paint and/or lead-based paint hazards in the housing.” There is no third option.

Third, it transmits any reports the lessor has from prior inspections, risk assessments, or hazard reduction work. The lessor must provide copies of all such records or affirmatively state none are available.

Fourth, it documents the tenant’s receipt of both the disclosure and the EPA pamphlet “Protect Your Family From Lead in Your Home.” The signed acknowledgment is the landlord’s primary defense in any later HUD/EPA inquiry or private civil action.

The disclosure is not optional, and the rules are not waivable. A pre-1978 Puerto Rico rental without a signed lead-based paint disclosure exposes the landlord to federal civil penalties exceeding twenty-two thousand dollars per violation, plus tenant private rights of action with triple-damages and attorney’s fees recovery. Compliance is cheap; non-compliance is expensive.

Federal framework — 42 U.S.C. § 4852d

The federal disclosure regime is governed by three layers of authority. The statute is 42 U.S.C. § 4852d, enacted as Section 1018 of Title X of the Housing and Community Development Act of 1992 (the “Residential Lead-Based Paint Hazard Reduction Act”). It directs HUD and EPA to issue regulations governing disclosure of lead-based paint hazards on the sale or lease of pre-1978 housing.

The implementing EPA regulation is 40 CFR Part 745 Subpart F. It defines target housing, prescribes the verbatim Lead Warning Statement, lists the exemptions, sets the certification and acknowledgment requirements, and establishes the three-year retention rule.

The implementing HUD regulation is 24 CFR Part 35 Subpart A, which mirrors the EPA rule for HUD-supervised housing programs. The two regulations are functionally identical for the lessor’s disclosure obligation.

Five operational duties flow from this framework for any landlord renting a pre-1978 unit:

1. Provide the EPA pamphlet “Protect Your Family From Lead in Your Home” (also “Para Proteger A Su Familia Del Plomo En El Hogar” in Spanish) to the prospective tenant before any lease obligation attaches. The pamphlet is published jointly by EPA, HUD, and CPSC and is available free at epa.gov/lead.

2. Disclose any actual knowledge of lead-based paint or hazards in the dwelling. The lessor’s actual knowledge — not constructive knowledge or duty to investigate — is what controls. If the lessor has no knowledge, the form’s “no knowledge” box satisfies the disclosure.

3. Provide any available reports. If the lessor has lead inspection reports, risk assessments, abatement records, or any other lead-related documentation, copies must be delivered to the lessee. “Available” means in the possession of, or reasonably obtainable by, the lessor.

4. Obtain the signed acknowledgment from the lessee that the disclosure was received and the pamphlet was delivered. The signature is the linchpin of the lessor’s compliance file.

5. Retain the signed disclosure for at least three years from the start of the leasing period under 40 CFR § 745.113(c). Industry best practice is longer — at least four years to match general civil statutes of limitations, and indefinitely if the property is still under the same ownership.

Federal enforcement is shared by HUD and EPA. Civil penalties under 24 CFR § 30.65 are inflation-adjusted annually and currently exceed twenty-two thousand dollars per violation. Tenants have a private right of action under 42 U.S.C. § 4852d(b)(3) for triple damages plus reasonable attorney’s fees and costs.

Target housing — the pre-1978 trigger

“Target housing” is the federal term of art for property subject to the disclosure requirement. The definition at 40 CFR § 745.103 is precise: residential dwellings constructed before January 1, 1978, with two narrow exceptions discussed in the next section.

Why 1978? The Consumer Product Safety Commission banned the use of lead-based paint in residential consumer products effective January 1, 1978 (see 16 CFR § 1303.1). Properties built or substantially renovated after that date are presumed not to contain lead-based paint and are outside the federal disclosure regime.

How to verify the build year. The county assessor’s records, the original certificate of occupancy, building permits, and title records all establish the build year. The lessor bears the burden of correctly identifying target housing. A property that was substantially renovated after 1977 but originally built earlier is still target housing — the original construction date controls.

Common areas in multi-unit buildings. If a multi-unit building was built before 1978, the disclosure obligation extends to common areas as well as the leased unit. Hallways, stairways, laundry rooms, and other shared spaces are part of the disclosure scope.

Puerto Rico-specific build year context. The disclosure applies to a substantial portion of Puerto Rico’s rental housing stock. Older urban areas have heavy pre-1978 inventory; newer suburban developments are generally exempt. When in doubt, verify the build year against the county assessor before relying on a post-1978 exemption.

Federal exemptions

Even pre-1978 properties may be exempt from the disclosure requirement. The exemptions at 40 CFR § 745.101 are narrow and should be verified before relying on them.

• Housing built after 1977. Properties built on or after January 1, 1978 are not target housing.
• Zero-bedroom units. Lofts, efficiency apartments, and studio units are exempt — but only if no children under age six are expected to reside there. A studio rented to a family with a small child is still subject to disclosure.
• Short-term leases of 100 days or less. Leases of 100 days or less with no option to renew or extend are exempt. Most month-to-month or year-long rentals do not qualify.
• Housing for the elderly or disabled. Housing specifically designated for elderly persons or persons with disabilities is exempt — unless a child under age six resides or is expected to reside in the unit.
• Certified lead-free housing. Properties officially certified as lead-based paint free by an EPA-recognized inspector are exempt. The certification documentation should be retained as proof.
• Foreclosure sales. Sales pursuant to foreclosure are exempt from the disclosure rule (though purchasers at foreclosure inherit the disclosure obligation if they later lease the property).

Verifying exemption status. Always confirm exemption status against the current text of 40 CFR § 745.101 before relying on it. The single most expensive mistake in lead paint compliance is assuming an exemption that does not actually apply. A pre-1978 property rented to a family with a young child without disclosure is the classic enforcement target. When in doubt, deliver the disclosure — there is no penalty for over-compliance.

EPA pamphlet requirement

Federal law requires the lessor to give the prospective lessee a copy of the EPA pamphlet “Protect Your Family From Lead in Your Home” (HUD-EPA-CPSC, current edition) before any lease obligation attaches. The pamphlet is mandatory; substituting other lead-related literature does not satisfy the requirement.

Where to get it. The pamphlet is published jointly by EPA, HUD, and the Consumer Product Safety Commission and is available free at epa.gov/lead. The current English-language edition is “Protect Your Family From Lead in Your Home” (EPA-747-K-12-001); the Spanish-language edition is “Para Proteger A Su Familia Del Plomo En El Hogar” (EPA-747-K-12-002). Both are available as printable PDFs.

Language requirement. Under 40 CFR § 745.113(b), the disclosure must be provided “in the language of the contract.” If the lease is in English, the English pamphlet satisfies the rule. If the lease is in Spanish, the Spanish pamphlet must be delivered. Landlords serving non-English-speaking tenants should deliver the appropriate language version.

Delivery method. Hand delivery (with the lessee initialing receipt) is the gold standard. Email delivery with read-receipt or signed acknowledgment is also acceptable. Posting the pamphlet on a website or providing a link does not satisfy the requirement — the pamphlet must be delivered as a complete document, electronically or on paper.

Retention. The lessor’s compliance file should include either a copy of the pamphlet that was delivered or a clear notation in the disclosure record that the current edition was delivered. The lessee’s signed acknowledgment on the disclosure form serves as proof that the pamphlet was received.

Lead-based paint disclosure form

Complete the form below to generate a federally-compliant Lead-Based Paint Disclosure for Puerto Rico. The form produced includes the verbatim Lead Warning Statement at 40 CFR § 745.113(b)(1), the lessor’s disclosure section, the lessee’s acknowledgment, the agent’s certification, and the signature block. Deliver to the lessee before any lease obligation attaches.

Puerto Rico habitability overlay

Puerto Rico does not impose a state-specific lead paint disclosure form on top of the federal rule. The federal disclosure regime under 42 U.S.C. § 4852d controls in Puerto Rico. However, Puerto Rico habitability law applies independently to deteriorated lead paint and creates separate landlord obligations.

Puerto Rico habitability statute. Puerto Rico Civil Code (Ley Num. 55-2020), Title III, Chapter II requires landlords to maintain rentals in a condition fit for human occupancy. Deteriorated lead-based paint can rise to a habitability defect. Where children under six reside, even minor deterioration of pre-1978 paint can support a habitability claim.

Local programs. Some Puerto Rico cities and counties have local lead-safe housing programs that go beyond federal disclosure. Verify with the local code-enforcement agency or health department whether the property is subject to additional registration, inspection, or notice obligations.

Renovation, repair, and painting. Independent of disclosure, the EPA Renovation, Repair, and Painting Rule (40 CFR Part 745 Subpart E) requires lead-safe work practices for any renovation that disturbs more than six square feet of painted surface in a pre-1978 unit. Puerto Rico landlords performing repairs on covered units must use EPA-certified contractors.

Bottom line for Puerto Rico landlords. Federal disclosure is the operative compliance floor. Pre-1978 properties with deteriorated paint should be remediated before re-rental, both as compliance with the federal rule and as a defense to Puerto Rico habitability claims. The cost of remediation is far lower than the cost of a fair-housing or habitability lawsuit, plus a HUD/EPA civil penalty action.

Common mistakes that expose landlords

Skipping disclosure on a pre-1978 unit

The single most common violation. A pre-1978 Puerto Rico rental without a signed lead-based paint disclosure exposes the landlord to federal civil penalties exceeding twenty-two thousand dollars per violation, plus tenant private rights of action with triple damages and attorney’s fees recovery. There is no penalty for over-disclosure; when in doubt, disclose.

Wrong build-year assumption

“I think it was built around 1980” is not a defense. The county assessor records, building permits, or certificate of occupancy establish the build year. A property built in 1976 but substantially renovated in 1985 is still target housing — the original construction date controls.

Failing to provide the EPA pamphlet

The disclosure form alone is not sufficient. Federal law requires delivery of the EPA pamphlet “Protect Your Family From Lead in Your Home” (or its Spanish equivalent if the lease is in Spanish). Substituting other lead-related literature does not satisfy the rule.

Verbal or "implied" disclosure

Disclosure must be in writing, signed by both lessor and lessee, and retained for at least three years. Verbal disclosures, text messages, or oral assurances do not satisfy 40 CFR § 745.113.

Using outdated forms

The Lead Warning Statement at 40 CFR § 745.113(b)(1) is verbatim federal language. Departing from the prescribed text — even with stylistic improvements — can void the disclosure.

Not retaining the signed disclosure

Federal law requires three-year retention. The signed disclosure is the landlord’s primary defense in any HUD/EPA inquiry or private civil action. Lost or never-collected disclosures are functionally equivalent to non-disclosure.

Treating "no knowledge" as a license to ignore

The “no knowledge” box is honest if the lessor truly has no actual knowledge. But a landlord who knows about prior peeling paint or a child’s lead exposure cannot check “no knowledge” without exposure to fraud claims. Actual knowledge is the standard.

Failing to disclose to all lessees

If multiple tenants sign the lease, all must receive the disclosure and pamphlet, and all must sign the acknowledgment. A single signature on a multi-tenant lease does not satisfy the rule for the others.

Ignoring Puerto Rico habitability obligations

Federal disclosure is the floor. A landlord with deteriorated lead paint in the unit faces independent habitability claims under Puerto Rico Civil Code (Ley Num. 55-2020), Title III, Chapter II. Disclosure does not insulate a landlord from claims based on the underlying hazard.

Tenant rights and remedies

Tenants in Puerto Rico pre-1978 properties have significant rights under federal and state law. Understanding these helps landlords appreciate the procedural framework and the consequences of departing from it.

Right to receive the disclosure before signing

The disclosure must be delivered before the lessee is obligated under any lease. A disclosure delivered after the lease is signed does not satisfy 40 CFR § 745.113. The tenant may be able to void the lease or recover damages for the procedural violation alone.

Right to receive the EPA pamphlet

The pamphlet is independent of the disclosure form. Failure to deliver the pamphlet is a separate violation, supporting independent damages.

Right to triple damages plus attorney’s fees

Under 42 U.S.C. § 4852d(b)(3), a tenant injured by a knowing violation can recover triple actual damages plus reasonable attorney’s fees and court costs. The “knowing” standard is broad — actual knowledge or reckless disregard suffices.

Right to file with HUD or EPA

Tenants can file complaints with HUD or EPA’s lead hotline. Federal investigations result in civil penalty actions exceeding twenty-two thousand dollars per violation and can include consent decrees, injunctive relief, and ongoing compliance monitoring.

Right to a habitable unit (Puerto Rico-specific)

Independent of the disclosure rule, Puerto Rico tenants have a right to a habitable unit under Puerto Rico Civil Code (Ley Num. 55-2020), Title III, Chapter II. Deteriorated lead-based paint, particularly where children under six reside, can support a habitability defense to unlawful detainer, a rent withholding claim, or an affirmative habitability action.

Right to compensatory damages for personal injury

If a child or pregnant woman is exposed to lead and develops lead poisoning, the tenant can pursue tort damages — medical expenses, pain and suffering, future treatment, and lost earning capacity. Lead poisoning cases routinely settle in the six- and seven-figure range. The disclosure violation provides the negligence-per-se foundation for the tort claim.

Right to fair-housing protection

The federal Fair Housing Act (42 U.S.C. § 3601 et seq.) prohibits familial-status discrimination. A landlord who discriminates against families with young children to avoid lead-paint disclosure obligations may face an independent fair-housing complaint with HUD.

Bottom line for landlords. The cost of compliance is small. The cost of getting it wrong is a five- or six-figure HUD/EPA penalty, a potential six- or seven-figure tort judgment if a child is poisoned, and reputational damage that travels to other rentals in the portfolio. The form on this page handles the mechanics.

Puerto Rico statute reference table

Federal civil penalty amounts under 24 CFR § 30.65 are inflation-adjusted annually; consult the current Federal Register notice for the operative dollar amount. State and local programs may overlay additional requirements.

Frequently asked questions

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This form and the accompanying guidance are provided for general informational purposes only and do not constitute legal advice. Federal lead paint disclosure law has technical requirements that change with regulation and case law. Puerto Rico state and local lead programs may impose additional requirements not fully covered here. Always verify current requirements with the EPA, HUD, the Puerto Rico state agency administering the lead program (if applicable), and a qualified Puerto Rico landlord-tenant attorney before relying on this disclosure in any contested compliance situation. Review Puerto Rico habitability laws.