Lead based paint information

The Environmental Protection Agency and the Department of Housing and Urban Development have implemented steps to ensure the public receives adequate information and protection to prevent lead poisoning in homes that may contain lead-based paint hazards.

Effective, December 6, 1996, landlords, their agents and sellers are responsible for providing specific information to buyers and renters on lead-based paint in housing as well as a federal pamphlet with practical, low cost tips on identifying and controlling lead-based paint hazards.

What is required?

Before approval of a contract for housing sale or lease, sellers and owners must:

Disclose known lead-based paint and lead-based paint hazards and provide available reports to buyers and tenants.  Lincoln Housing Authority provides the owner a Request for Inspection and Unit Information form which includes a lead-based paint disclosure form.  This form is provided to owners and tenants for signatures.

Give buyers and tenants the pamphlet developed by the EPA and HUD titled, “Protect Your Family From Lead In Your Home”.

 Sales and leasing agreements must include certain notifications and disclosure language.

 Sellers, lessors and real estate agents share responsibility for ensuring compliance.

Owners are required to maintain their units including common areas from any cracking, chipping, chalking, or damaged paint.  The units including common areas will be free of any paint dust, chips or other paint debris.

Deteriorated paint or paint debris identified – What are the steps?
If during a visual inspection, a pre-1978 unit that is occupied or will be occupied by a child under six (6) years of age, has deteriorated paint, visible dust, paint chips or paint debris, the unit will not pass inspection.  The deteriorated paint and/or paint debris is a Housing Quality Standard (HQS) violation.

            1.         The deteriorated paint and/or debris must be stabilized.

                        Paint Stabilization:
                       
                        *          Repair of any physical defect in the substrate of a painted surface or building                                      component. Defective substrate conditions may include dry-rot,                                                          moisture-related defects, crumbling plaster, missing siding or other                                                       components not securely fastened.

                        *          Under safe work practices removal of all loose paint and other loose                                                   material from the surface being treated.

                        *          Application of new protective coat of paint to the stabilized surface.

            2.         After the paint is stabilized, the owner will need to provide LHA a certificate of                                  clearance to meet HQS requirements in order to pass the unit for inspection.

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