A Lead-Based Paint Disclosure form is a federally required document incorporated into a Lease Agreement for leasing residential properties built prior to 1978. Illinois landlords must provide this addendum to prospective tenants regardless of any evidence of the presence of lead-based paint.
Note: Illinois landlords must also provide an informational pamphlet about the dangers of lead-based paint to their tenants.
Why Use a Lead-Based Paint Disclosure Form?
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. For information related to lead-based paint under Illinois’s public health provisions, click here.
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 Illinois 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. Illinois landlords must keep a signed copy of these documents for at least three years.
Beyond providing the required disclosure, for information on making repairs, renovations, or painting on a property built prior to 1978 in Illinois, click here.
Lead exposure is a serious concern as houses in Illinois with lead risk due to the age of housing is 24.9% which is higher than the national average of 17.6% according to America’s Health Rankings.