While the Residential Lead-Based Paint Hazard Reduction Act (Title X) is broad, specific exemptions apply under 40 CFR § 745.101. It is important to note that “Expected to live there” is legally defined as a landlord having actual knowledge that a woman is pregnant or a child will be a resident.
Properties Exempt from Lead-Based Paint Disclosures
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Post-1978 Housing: Any residential property where the construction permit was issued (or construction began) on or after January 1, 1978.
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Zero-Bedroom Dwellings: This includes lofts, efficiencies, and studio apartments where the living area is not separated from the sleeping area.
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Short-Term Rentals: Rentals of 100 days or fewer (such as Airbnbs or vacation leases) where no lease renewal or extension occurs.
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Individual Room Rentals: Leasing a single room within a larger residential dwelling.
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Certified “Lead-Free” Housing: Properties that have been inspected by a state-certified inspector and officially documented as lead-free.
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Designated Housing: * Housing for the Elderly: Restricted to residents age 62+, unless a child under age 6 resides or is expected to reside there.
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Housing for the Disabled: Unless a child under age 6 resides or is expected to reside there.
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Why this matters
Failing to provide a disclosure for a non-exempt property can lead to civil penalties exceeding $21,000 per violation as of 2026. If a property falls into an exempt category, the landlord is not required to provide the “Protect Your Family From Lead in Your Home” pamphlet or the Lead Warning Statement.
The information for this answer was found on our Lead Based Paint Disclosure Form answers.