Lead-Based Paint: Notice requirements imposed by Federal law

Kevin Murphy

In 1978 the federal government banned consumer uses of lead-based paint, thus effectively stopping the use of lead-based paint in all housing across the country. Prior to that date, lead-based paint was widely used including in housing and homes constructed prior to that date.  If properly managed lead-based paint poses little, if any risk to human health. If allowed to deteriorate (peeling, chipping, chalking, cracking, damaged, or damp), lead-based paint is a potential hazard. It can cause serious health problems, especially to children and pregnant women. 

Homebuyers 

    Federal law requires that before being obligated under a contract to buy housing built prior to 1978, buyers must receive the following from the seller:  

  • An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards titled Protect Your FamilyFromLead In Your Home.  
  • Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.
  • For multi-unit buildings, this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.
  • An attachment to the contract, or language inserted in the contract, that includes a “Lead Warning Statement” and confirms that the seller has complied with all notification requirements.
  • A 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity. If you have a concern about possible lead-based paint, you may secure a lead inspection from a certified inspector before buying. 

Renters 

    Federal law requires that before signing a lease for housing built before 1978, renters must receive the following from your landlord:  

  • An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your FamilyFromLead In Your Home. 
  • Any known information concerning the presence of lead-based paint or lead-based paint hazards in • For multi-unit buildings, this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation. 
  • An attachment to the contract, or language inserted in the contract, that includes a “Lead Warning Statement” and confirms that the landlord has complied with all notification requirements.

Property Managers and Landlords 

    As owners, landlords, agents, and managers of rental property, you play an important role in protecting the health of your tenants and their children. Buildings built before 1978 are much more likely to have lead-based paint. Federal law requires you to provide certain important information about lead paint before a prospective renter is obligated under lease to rent from you. 

Landlords must give prospective tenants of buildings built before 1978: 

  • An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your FamilyFromLead In Your Home.  
  • Any known information concerning lead-based paint or lead-based paint hazards pertaining to the building. 
  • For multi-unit buildings this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation. 
  • A lead disclosure attachment to the lease, or language inserted in the lease, that includes a “Lead Warning Statement” and confirms that you have complied with all notification requirements. 

Real Estate Agents and Home Sellers 

    As real estate agents and home sellers, you play an important role in protecting the health of families purchasing and moving into your home. Buildings built before 1978 are much more likely to have lead-based paint. Federal law requires you to provide certain important information about lead paint before a prospective buyer is obligated under a contract to purchase your home. 

Real estate agents must:  

  • Inform the seller of his or her obligations under the Real Estate Notification and Disclosure Rule. In addition, the agent is responsible if the seller or lessor fails to comply; unless the failure involves specific lead-based paint or lead-based paint hazard information that the seller or lessor did not disclose to the agent. Read the regulations that includes these requirements. 
  • Provide, as part of the contract process, an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards titled Protect Your FamilyFromLead In Your Home. Attach to contract, or insert language in the contract, a “Lead Warning Statement” and confirmation that you have complied with all notification requirements. 
  • Provide a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity. 
  • A copy of the pamphlet Protect Your FamilyFromLead In Your Home is available at: 

https://www.epa.gov/sites/production/files/2017-06/documents/pyf_color_landscape_format_2017_508.pdf 

Kevin C. Murphy is a member of the Wladis Law Firm, P.C., located in Watertown and Syracuse. He concentrates his practice in the areas of environmental compliance and litigation; environmental and white-collar criminal defense, and complex litigation matters. Contact Mr. Murphy by emailing KMurphy@WladisLawFirm.com.

National Radon Action Month, Realtors Give Back in Their Communities

  

Lance Evans

The Environmental Protection Agency (EPA) has designated January as National Radon Action Month.   The EPA notes that “Exposure to radon is a preventable health risk and testing radon levels in your home can help prevent unnecessary exposure. If a high radon level is detected in your home, you can take steps to fix the problem to protect yourself and your family.”

   Radon is a colorless, odorless radioactive gas that can seep into your home from the ground.   It is the second most common cause of lung cancer behind smoking.  Basements or any area with protrusions into the ground offer entry points for radon.  Radon tests can determine if high levels are present.

   The EPA suggests testing your home for radon during January.   You can purchase a kit and do it yourself or hire a professional.   In New York state, the Department of Health (www.health.ny.gov) has a list of certified radon testers on their site.  In addition, state residents can fill out a form and mail it with $11, to the department and receive a test kit in the mail.   There is other radon related information on the site also.


   During December, both the St. Lawrence County Board of Realtors and the Jefferson-Lewis Board of Realtors raised money and awareness for local charities.

    In the early part of the month, both held their annual holiday parties that included fundraisers for their respective community service funds.

    On December 8, the St. Lawrence County Board distributed $2100 to the Neighborhood Centers in Canton, Gouverneur, Massena, Ogdensburg, Potsdam, and Waddington.   The Centers are overseen by the St. Lawrence County Community Development Program.   Each center has a food pantry and assists with food and other emergencies such as utilities, fuel, and shelter.   They work with families in the area of family development, budgeting, education, and job search. Similarly, the funds raised from the Jefferson-Lewis Board’s event went to support the Salvation Army, the Watertown Urban Mission, and other area charities.   In addition, offices served as collection points for toiletries, food, and clothing that were distributed to the Jefferson County Children’s Home, Salvation Army, and Urban Mission.

   On the 13th and 14th of December, Realtor members from both associations assisted at several area events.   The St. Lawrence County membership volunteered their time at the seventh annual “Lights on the River” in Lisbon on December 13th.   While there, they collected donations of canned goods and cash and helped direct the visitors viewing the displays.   Contributions from the visitors go to about a dozen food pantries throughout the county.   In its first six years, the event raised more than $100,000 and contributed approximately 28,000 pounds of food to area pantries.

   December 14th saw Jefferson-Lewis Realtors brave the winds and snows to man some of the Salvation Army kettles in Watertown and LeRay.   Members were helping the Salvation Army reach its goal of $115,000.

   As you can see, Realtors do more than just work with buyers and sellers.   They live in the communities and give back to the communities too.   In addition to these charitable efforts, Realtors work all year volunteering their time and energy with various charities and community organizations.      


   During the respective holiday parties, the 2017 Board of Directors of each Association was installed.   The role of the Board of Directors is to oversee the Association and set overall policy and direction.

   The St. Lawrence County Board will be led by Debbie Gilson. Other officers will include Cheryl Yelle (Vice President), Doug Hawkins (Secretary), and Amanda Kingsbury (Treasurer).   Directors will be Gail Abplanalp, Joel Howie, and Richard J. Wood.  Rounding out the Board are Brittany Matott, State Director and Korleen Spilman, Immediate Past President.      

     Leading the Jefferson-Lewis Board will be Vickie Staie.   The rest of the officers will be Alfred Netto (President-Elect), Britt Abbey (Vice President), Mary Adair (Treasurer), Nancy Rome (Recording Secretary), and Lisa Lowe (Corresponding Secretary).  Directors include Tyler Lago, Elizabeth Miller, Gwyn Monnat, Cindy Moyer, and Randy Raso.

 

Orleans, Lowville, other communities to receive funds needed for water projects

Road salt contamination has caused extensive corrosion at Andy Greene’s home in Fishers Landing, as seen here in his basement where he sits behind a corroded pipe on a hot water heater ruined by salt, holding a kitchen faucet he replaces every few years. Photo by Justin Sorensen, Watertown Daily Times.

Road salt contamination has caused extensive corrosion at Andy Greene’s home in Fishers Landing, as seen here in his basement where he sits behind a corroded pipe on a hot water heater ruined by salt, holding a kitchen faucet he replaces every few years. Photo by Justin Sorensen, Watertown Daily Times.

Several north country municipalities, including the town of Orleans, are getting millions of dollars in state funding for various water infrastructure projects. [Read more…]

May 2016: Real Estate Roundup

A final word on property disclosure forms

Lance Evans

Lance Evans

In March and April, I wrote about two state-required real estate forms. The first was the Agency Disclosure form, which is used by real estate licensees every time they work with a new client or customer in a residential real estate transaction. This includes a provision for advanced consent for the firm to represent both the seller and buyer in the transaction. There is a form for the seller/buyer transaction and a separate one for the landlord/tenant transaction. The other form, used in almost every transaction that involves the sale of a one- to four-unit home is the Seller Property Condition Disclosure. [Read more…]