New York State Lead Based Paint Disclosure Form
As a landlord or seller of a home built before 1978 in New York State, you are required to provide potential tenants or buyers with a lead-based paint disclosure form. This form is a federally mandated document that must be signed by both parties before the lease or sale of the property can take place.
What is lead-based paint?
Lead-based paint is paint that contains high levels of lead. It was commonly used in homes built before 1978 as a pigment and to increase durability. However, it was later discovered that lead-based paint is hazardous to human health, particularly to children under the age of six and pregnant women. Exposure to lead-based paint can cause learning disabilities, behavioral problems, and other serious health issues.
Why is the lead-based paint disclosure form important?
The lead-based paint disclosure form is important because it informs potential tenants or buyers about the potential risks of lead-based paint exposure. It also outlines the responsibilities of both parties in ensuring that the property is safe and free from lead-based paint hazards. By signing the form, both parties acknowledge their awareness of the risks and agree to take necessary precautions to minimize those risks.
What information is included in the lead-based paint disclosure form?
The lead-based paint disclosure form includes information about the age of the property, any known lead-based paint hazards, and any previous testing for lead-based paint. It also outlines the responsibilities of the landlord or seller in maintaining a lead-safe property and the responsibilities of the tenant or buyer in minimizing the risk of lead exposure.
How do you obtain a lead-based paint disclosure form?
You can obtain a lead-based paint disclosure form from the Environmental Protection Agency (EPA) or from your state or local housing authority. You can also ask your real estate agent or attorney to provide you with a copy of the form.
What are the consequences of not providing a lead-based paint disclosure form?
Failure to provide a lead-based paint disclosure form can result in legal penalties and fines. Landlords or sellers who fail to comply with the lead-based paint disclosure requirements can face fines of up to $16,000 per violation. In addition, tenants or buyers who are exposed to lead-based paint hazards can sue for damages.
Conclusion
The lead-based paint disclosure form is an important document that protects both landlords or sellers and potential tenants or buyers. By providing the form, landlords or sellers can ensure that they are in compliance with federal and state regulations and avoid legal penalties. Tenants or buyers can make informed decisions about the safety of the property and take necessary precautions to minimize the risk of lead exposure.