REAL ESTATE NOTIFICATION AND DISCLOSURE RULE
Disclosure Requirements When Selling or Renting Residential Property Built Prior to 1978
Under Federal and Rhode Island law, sellers, landlords, and their agents, must disclose to prospective buyers, and renters of residential real estate built prior to 1978, known lead hazards and potential lead hazards. The purpose of the disclosure requirement is to inform prospective renters and purchasers about :
- The dangers, and potential dangers from dust, chips, and soil, that lead paint can pose to children and adults.
- Methods designed to prevent lead poisoning.
- The legal requirements of the Real Estate Disclosure and Notification Rule.
Lead-Based Paint Dangers
If lead-based paint is present in a residence, it can expose the occupants in a myriad of ways. Children can ingest or inhale lead- based paint dust, ingest lead-based paint chips, or be exposed through contact with soil that is lead-contaminated, or drinking water which has been lead-contaminated from lead pipes in older housing.
What is considered to be a Lead-Hazard for residential real estate built prior to 1978?
Lead Hazards can exist in coated and painted surfaces. In order for lead-based paint to be considered“ Lead-Safe” in Rhode Island, the surface must be an “intact area”, that is these areas must not be chipped or peeling. Even if all surfaces are “intact areas”, places such as windows, stair treads, or doors, are considered “friction areas” which can produce lead-based paint dust hazards.
Precautions should be taken when addressing lead hazards. In certain instances a trained professional should be retained to mitigate the hazard. In all cases, lead safe work practices must be followed.
Legal Requirements
Under Federal and Rhode Island State law, sellers, landlords, (and their agents), of residential real estate built prior to 1978 must disclose any known lead hazards and provide a warning statement which informs the purchaser of the potential risks when buying or renting residential housing built prior to 1978. This includes Federally owned residential property, and housing receiving Federal assistance, (e.g. section 8). These sellers and landlords must provide a prospective purchaser or renter :
- A Lead Warning Statement, and disclosure acknowledgement. The seller or landlord shall also retain a copy of this disclosure acknowledgement form for a minimum of 3 years as proof of compliance. There are separate forms which must be provided by Seller's, (en Espańol), and Lessor’s , (en Espańol).
- The EPA guide entitled: “Protect Your Family From Lead In Your Home” Spanish containing the Rhode Island insert, “What You Should Know About the Rhode Island Lead Law.”
- Disclosure by the seller or landlord to the purchaser or renter, as well as to each agent, of any known information about the presence of lead exposure hazards or potential exposure hazards in the property being sold or leased, and the location of such hazards or potential hazards .
- The seller or landlord, (or their agent) shall provide the purchaser or tenant with any inspection reports available concerning lead exposure hazards, or potential exposure hazards on the property. Available reports shall include any records or reports which are in the possession of the Seller or Landlord, or those that are reasonably obtainable.
- In addition, sellers of one to four family residential properties built prior to 1978 shall allow potential purchasers a ten-day period to inspect for lead hazards or potential lead hazards prior to becoming obligated under any purchase and sale agreement
- Some Frequently asked questions about the Environmental and Legal issues concerning lead poisoning.
- Think you know of someone who is failing to comply with the requirements of the Real Estate Notification and Disclosure Rule? The Environmental Lead Program works in conjunction with the Federal Environmental Protection Agency, (EPA), to enforce the requirements of the Federal Toxic Substances Control Act (TSCA). The EPA will follow up on complaints, or tips from the public concerning failures to comply with this rule. The EPA can be reached by phone at 1-888-372-7341, or by filling out the on-line : EPA Disclosure Rule(1018) Tip/Complaint Form or downloadable .PDF Document Disclosure Rule (1018) Tip/Complaint Form
Environmental Lead Resources:
The Environmental Lead Program can provide technical assistance to property owners, purchasers and tenants, with the requirements of the Real Estate Notification and Disclosure Rule. Failure to meet these requirements could result in action and/or enforcement by both the U.S. EPA and the R.I. Office of Attorney General. The EPA New England Web site contains obligated interpretive guidance documents, which may be referenced, as well as current Lead related news in New England.
The Environmental Lead Program also maintains a listing of licensed Rhode Island:
Advice on finding a qualified Lead Professional for your home |
