B. Federal Lead-Based Paint Enforcement Bench Book - National ...

substantively identical to that of the other agency.) EPA also has issued an enforcement response and penalty
policy. 79
In short, the Disclosure Rule requires that before a buyer or tenant is obligated under a contract to buy or
lease target housing, the seller or landlord (and agent) must:
• Provide the buyer/tenant information, records, and reports about LBP and/or LBP hazards;
• Provide the buyer/tenant EPA’s lead hazard information pamphlet Protect Your Family from Lead in Your
Home (Protect Your Family 80 ), and a lead warning statement in the sale/lease contract;
• Allow the buyer to inspect the housing for LBP and/or LBP hazards before closure; and
• Obtain and retain records to confirm compliance with the rule’s obligations.
The Disclosure Rule does not impose any obligation to conduct “evaluation” (risk assessment or
inspection 81 ) or “reduction” activities (interim controls, abatement, and other measures to reduce or
eliminate exposure to LBP hazards 82 ). 83
Dispelling Myths about the Federal Disclosure Rule
• The Disclosure Rule applies only to housing that gets HUD assistance.
No. The rule applies to all target housing, without regard to whether a property receives any federal
support. (By contrast, HUD’s Lead Safe Housing Rule applies only to federally-owned or -assisted
target housing.)
• HUD can only enforce violations involving HUD-assisted housing, and EPA can only enforce violations
involving other (non-HUD) housing.
Actually, either EPA or HUD, or both, can enforce violations in any target housing.
• A local government can “waive” Disclosure Rule requirements.
No. State and local governments can neither enforce nor “waive” the federal Disclosure Rule
requirements. (Conversely, the Disclosure Rule does not relieve a person from having to comply with
state and local requirements.)
• Federal agencies do not have to comply with the Disclosure Rule.
• Interpretative Guidance for the Real Estate Community on the Requirements for Disclosure of Information Concerning Leadbased
Paint in Housing (Aug. 20, 1996)(Disclosure Rule Interpretive Guidance);
• Disclosure Rule Interpretive Guidance, Part II (Dec. 5, 1996); and
• Disclosure Rule Interpretive Guidance, Part III (Aug. 2, 2000).
78 The HUD guidance documents, available at www.hud.gov/offices/lead/enforcement/disclosure.cfm, are:
• Guidance on the Lead-based Paint Disclosure Rule: Part I ( Aug. 21, 1996);
• Guidance on the Lead-based Paint Disclosure Rule: Part II (Dec. 5, 1996); and
• Guidance on the Lead-based Paint Disclosure Rule: Part III (Aug.2, 2000).
79 EPA, Section 1018 Disclosure Rule Enforcement Response and Penalty Policy (Dec. 2007)(Disclosure Rule Enforcement Policy),
http://cfpub.epa.gov/compliance/resources/policies/civil/tsca/, or www.epa.gov/lead/pubs/leadbase.htm. See also Part VI.E of
this book, Federal Lead-Based Paint Enforcement Programs – How Federal Enforcement Programs Work.
80 See www.epa.gov/lead/pubs/leadbase.htm, www.epa.gov/lead/pubs/leadprot.htm, or
www.hud.gov/offices/lead/enforcement.
81 24 C.F.R. § 35.86; 40 C.F.R. § 745.103. See also 42 U.S.C. § 4851b(12), (22)(Section 1004 of Title X).
82 24 C.F.R. § 35.86; 40 C.F.R. § 745.103. See also 42 U.S.C. § 4851b(12), (22)(Section 1004 of Title X).
83 24 C.F.R. § 35.88(a); 40 C.F.R. § 745.107(a).
16 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK