A Lead-Based Paint Disclosure Form is a federally required document incorporated into a Lease Agreement for leasing residential properties built prior to 1978. California landlords must provide this addendum to prospective tenants regardless of any evidence of the presence of lead-based paint.
Note: California landlords must also provide an informational pamphlet about the dangers of lead-based paint to their tenants.
Why Use a Lead-Based Paint Disclosure Addendum?
In 1978 lead-based paints were explicitly banned by the United States Consumer Product Safety Commission due to lead hazards. In 1992, Congress passed the Residential Lead-Based Paint Hazard Act to protect families from exposure to lead-based paint and related hazards from dust, and soil.
This act resulted in the development of requirements by the Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) to warn new owners or tenants of the potential existence of a lead hazard within the residence, specifically its interior. One of those requirements is providing a Lead-Based Paint Disclosure.
What to Include in a Lead-Based Paint Disclosure Addendum
A Lead-Based Paint Disclosure Addendum should be incorporated into all new lease agreements for California residential properties built before 1978 and should include the following:
- Type of Addendum – The heading and opening should state that this is a Lead-Based Paint Disclosure Addendum.
- Lead Warning Statement – This section informs the tenant about the use of lead-based paint before 1978 and the health risks of lead exposure.
- Lessor’s Disclosure – This section has two parts. The first section indicates whether the owner knows of any lead-based paint or lead-based paint hazards at the rental property and provides an explanation of any disclosures. The second part of this section indicates whether there are any related reports or records and which have been provided to the tenant.
- Lessee’s Acknowledgment – In this section the tenant will acknowledge whether they have received the information disclosed by the owner and the required pamphlet, “Protect Your Family from Lead in Your Home.”
- Agent’s Acknowledgment – If an agent is involved they will provide acknowledgment that they have informed the lessor of their obligations and are aware of their responsibility to ensure compliance.
- Certification of Accuracy – A brief statement prior to signatures that the parties to this lease agreement certify, to the best of their knowledge, the truth and accuracy of the information provided.
- Lessor’s signature and date
- Lessee’s signature and date
- Agent’s signature and date
Just like with the original lease agreement, both parties should have a signed copy of this addendum. The addendum is part of the lease agreement and should be kept with it. California landlords must keep a signed copy of these documents for at least three years.
Houses in California with lead risk due to the age of housing is 17.6%, which is consistent with the national average of 17.6% according to America’s Health Rankings. In California, there are additional state laws beyond providing this disclosure. Those include:
- Accreditation of Training Providers and Certification of Individuals. This statute established a program to accredit lead-related construction training providers and certify individuals to conduct lead-related construction.
- Lead-Safe Housing and Lead Hazards. California has various civil and health safety codes that consider a building to be in violation of state housing law if it contains lead hazards. These codes also require law enforcement to enforce these provisions and allow for criminal charges against individuals for certain acts involving lead hazards.
For more information on California statutes related to lead poisoning prevention, click here.
