Lead Hazard Disclosure
Download
1 / 33

Goals of this Presentation - PowerPoint PPT Presentation


  • 295 Views
  • Updated On :

Lead Hazard Disclosure in Real Estate Transactions. Goals of this Presentation. Background information on childhood lead poisoning. Overview of the federal lead hazard disclosure law. How to maintain lead-safe housing. Goal #1. Background on Childhood Lead Poisoning.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Goals of this Presentation' - sherlock_clovis


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Slide1 l.jpg

Lead Hazard Disclosure in Real Estate Transactions


Goals of this presentation l.jpg
Goals of this Presentation

  • Background information on childhood lead poisoning.

  • Overview of the federal lead hazard disclosure law.

  • How to maintain lead-safe housing.


Goal 1 l.jpg
Goal #1

Background on Childhood Lead Poisoning


Effects of lead exposure l.jpg
Effects of Lead Exposure

High Levels:

  • Coma

  • Convulsions

  • Death

  • High levels rare in the United States


Effects of poisoning cont d l.jpg
Effects of Poisoning (cont’d)

Low/Moderate Levels:

  • Reduced IQ

  • Reading and Learning Disabilities

  • Behavior Problems

  • Impaired Growth

  • Hearing Loss


Children are particularly vulnerable l.jpg
Children Are Particularly Vulnerable

  • Rapidly developing nervous systems

  • Hand-to-mouth behavior

  • High absorption rate


Sources of lead exposure l.jpg
Sources Of Lead Exposure

  • Lead-Based Paint

  • Gasoline

  • Plumbing Pipes, Fixtures, Solders

  • Industrial Point Sources

  • Ceramics and Crystal

  • Hobbies & Occupations

  • Home Remedies & Cosmetics


Slide8 l.jpg

“Lead-based paint and paint contaminated dust account for most cases of childhood lead poisoning today.”

Source: CDC, Strategic Plan for the Elimination of Childhood Lead Poisoning, 1991.


Major exposure pathways l.jpg
Major Exposure Pathways most cases of childhood lead poisoning today.”

  • Lead-based paint deteriorates or is disturbed by renovation or repainting

  • Lead-contaminated bare residential soil

  • Lead dust or paint chips ingested or inhaled - especially by young children through hand-to-mouth behavior

  • Ingestion of settled dust is the most common way children are poisoned


Lead based paint hazards l.jpg
Lead-Based Paint Hazards most cases of childhood lead poisoning today.”

Lead-based paint is a hazard when it:

  • Deteriorates from age or weather;

  • Wears off friction surfaces, such as binding doors and windows;

  • Deteriorates due to moisture (e.g., leaking pipes or roofs)

  • Is disturbed using unsafe work practices


Prevention is the answer l.jpg
Prevention Is the Answer most cases of childhood lead poisoning today.”

  • Lead poisoning is entirely preventable.

  • No medical cure.

  • Prevention requires making housing lead-safe before a child is poisoned.


Goal 2 l.jpg
Goal #2: most cases of childhood lead poisoning today.”

Overview of the Federal Lead Hazard Disclosure Law


Legal basis l.jpg
Legal Basis most cases of childhood lead poisoning today.”

  • Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. 4852d

  • Implemented by HUD and EPA Regulations at 24 CFR Part 35 and 40 CFR Part 745


Disclosure does not l.jpg
Disclosure Does Not… most cases of childhood lead poisoning today.”

  • Require testing for lead-based paint

  • Require owners to control lead-based paint hazards

  • Relieve property owners of liability

  • Relieve owners of the legal duty to provide a safe and sanitary dwelling


Target housing l.jpg

Target Housing most cases of childhood lead poisoning today.”

All Pre-78 Residential Properties (Including Oral Leases)

Except . . . .


Exemptions l.jpg
Exemptions most cases of childhood lead poisoning today.”

  • Zero-Bedroom Dwellings

  • Housing for the Elderly or Disabled (Unless Occupied by Children Under 6)

  • Property certified “Lead-Based Paint Free”

  • Property Leased for 100 Days or Less

  • Renewal of Leases Where Disclosure Has Already Occurred and No New Information is Available


Transactions that trigger disclosure l.jpg
Transactions that Trigger Disclosure most cases of childhood lead poisoning today.”

All real estate transactions involving most pre-1978 housing at the time consumers:

  • Rent a home

  • Renew an existing lease

  • Sublet a home

  • Buy a home


Timing of disclosure l.jpg
Timing of Disclosure most cases of childhood lead poisoning today.”

  • Not Required for All Prospective Purchasers/Lessees

  • Complete Before Purchaser or Lessee Is Obligated Under Contract


Disclosure requirements l.jpg
Disclosure Requirements most cases of childhood lead poisoning today.”

(1) Provide Lead Hazard Information Pamphlet to the Tenant

(2) Disclose Known Hazards and Provide Copy of Existing Reports

  • Complete and Retain Acknowledgment Statement for 3 Years

  • Owners also must inform agents of known LBP or hazards and the existence of any reports.


1 provide lead hazard information pamphlet l.jpg
(1) Provide Lead Hazard Information Pamphlet most cases of childhood lead poisoning today.”

  • “Protect Your Family From Lead in Your Home”

    or

  • Equivalent Pamphlet Approved by EPA for Use in State


2 disclose known hazards and provide copy of existing reports l.jpg
(2) Disclose Known Hazards most cases of childhood lead poisoning today.”and Provide Copy of Existing Reports

  • “Actual Knowledge” -- Prior Test Results or Other First-Hand Information, Even If Written Reports are Not Available

  • Any Records, Test Reports, or Other Information in your Possession or “Reasonably Obtainable”


Disclosure in multi family properties l.jpg
Disclosure in Multi-Family Properties most cases of childhood lead poisoning today.”

  • Any Unit-Specific Information

  • Any Records on Common Areas (Hallways, etc.)

  • Records on Other Units Done as Part of Evaluation of Entire Property


3 complete and retain certification and acknowledgment l.jpg
(3) Complete and Retain Certification and Acknowledgment most cases of childhood lead poisoning today.”

  • No Required Federal Form, but Form Must Contain Required Elements

  • Must Be in Same Language as Contract

  • Retain Copy for 3 Years from Closing or Start of Lease


Required elements of certification and acknowledgment l.jpg
Required Elements of Certification most cases of childhood lead poisoning today.” and Acknowledgment

  • “Lead Warning Statement” Exactly as Required

    (Different Versions for Sales and Leases)

  • Acknowledgment by Seller/Lessor

  • Acknowledgment by Purchaser/Lessee

  • Acknowledgment by Agent

  • Certification by All Parties of Accuracy


What if i don t disclose l.jpg
What If I Don’t Disclose? most cases of childhood lead poisoning today.”

EPA/HUD Enforcement Actions:

  • Civil penalties (fines)

  • Administrative orders

  • Injunctions

  • Supplemental Environmental Projects (SEPs)

  • Child Health Improvement Projects (CHIPs)

  • Criminal Actions


What if i don t disclose cont d l.jpg
What If I Don’t Disclose? (cont’d) most cases of childhood lead poisoning today.”

Private Actions:

  • Damages (including three times actual damages for willful violations)

  • Attorney’s fees, expert witness fees, and court costs

  • Injunctions


Goal 3 l.jpg
Goal #3: most cases of childhood lead poisoning today.”

Maintaining Lead-Safe Housing


Preventive maintenance l.jpg
Preventive Maintenance most cases of childhood lead poisoning today.”

  • Annual visual inspections

  • Train staff in lead safe work practices

  • Promptly and safely repair peeling paint and underlying causes

  • Make floors smooth and cleanable

  • Advance lead safety at unit turnover

  • Request that tenants report chipping and peeling paint.


Lead safe work practices lswp l.jpg
Lead Safe Work Practices (LSWP) most cases of childhood lead poisoning today.”

  • Isolate the work area.

  • Shield surfaces from dust.

  • Protect occupants.

  • Mist painted surfaces before scraping and sanding.

  • Do not use tools that create dust and paint chips.

  • Beware of toxic hazards when removing old paint.

  • Clean up the area after the job.

  • Protect Workers.


Lswp resources l.jpg
LSWP Resources most cases of childhood lead poisoning today.”

HUD and EPA Training Courses

  • One day “basic training” available

  • Free training courses in many cities

    Free Federal Field Guide

  • Lead Paint Safety Field Guide for Painting, Home Maintenance, and Renovation Work (www.epa.gov/opptintr/lead/leadsafetybk.pdf)


Unsafe work practices l.jpg
Unsafe Work Practices most cases of childhood lead poisoning today.”

  • Open Flame Burning or Torching

  • Dry Sanding or Scraping

  • Abrasive Blasting

  • Power Washing


Clearance testing l.jpg
Clearance Testing most cases of childhood lead poisoning today.”

A lead dust test is the only way to be sure lead hazards are not left behind:

  • Hire a certified lead inspector, risk assessor, or sampling technician


For more information l.jpg
For More Information most cases of childhood lead poisoning today.”

  • Document Requests, Information on Disclosure, and General Lead Information

    Phone: 1-800-424-LEAD

    Web: www.epa.gov/lead/nlic.htm

  • Contractor Referral

    Phone: 1-888-LEADLIST

    Web: www.leadlisting.org


ad