Both adults and children can suffer from the effects of lead poisoning, but childhood lead poisoning, which often results from contact with lead-based paint, is much more frequent. In 2004 the ACCESS Agency received a Lead Elimination Action Program (LEAP) Grant from the U.S. Department of Housing and Urban Development (HUD) to conduct a new lead control, education, and abatement program in Windham and Tolland Counties.
“The one key point to keep in mind is that most homes built before 1978 have lead paint in them. Just knowing that and taking the safeguards is an important part of purchasing an older home,” said John Latour, the program manager for the LEAP program. FTHB recently spent some time with him, discussing what home buyers need to know about the Environmental Protection Agency (EPA) and HUD’s Real Estate Notification and Disclosure Rule. This article includes some highlights of that discussion.
The Disclosure Rule
The Disclosure Rule requires landlords, property management companies, real estate agencies, and sellers to inform potential purchasers of the presence of lead-based paint and lead-based paint hazards in housing built prior to 1978. This ensures that home buyers are receiving the information necessary to protect themselves and their families from lead-based paint hazards prior to purchasing pre-1978 housing.
There are several steps that buyers and sellers must take before signing a contract for a housing sale:
1. Sellers must disclose known lead-based paint and lead-based paint hazards and provide written reports of this information to buyers.
2. Sellers must give buyers the pamphlet, developed by EPA, HUD, and the Consumer Product Safety Commission (CPSC), entitled “Protect Your Family from Lead in Your Home.”
3. Home buyers are entitled to a 10-day period to conduct a lead-based paint inspection or risk assessment at their own expense. The rule gives the two parties flexibility to negotiate key terms of the evaluation.
4. Sales contracts must include information about the notification of lead paint and its hazards
5. Sellers and real estate agents share responsibility for ensuring compliance with the Real Estate Notification and Disclosure Rule.
A warning for buyers
You will be asked to sign a Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards, which indicates that you have received the CPSC pamphlet “Protect Your Family from Lead in Your Home” and that you have been made aware of the lead-based paint circumstances of the home you are purchasing. It important that you be aware of the lead situation in your potential new home before you sign the form.
Good advice for buyers
1. Before you sign the disclosure, read the form and the “Protect Your Family from Lead in Your Home” pamphlet carefully. You can get a copy of the pamphlet in advance by contacting the EPA.
2. Contact your local town or city health department and find out if the house you are about to purchase has been cited for lead issues. You can access contact information through your town hall; or from the Connecticut Department of Public Health (DPH).
3. It is recommended that you get an inspection by a certified lead-based paint professional on any house that was built before 1978. There is financial assistance available to help with the inspection cost for those who qualify. Contact the DPH for information on financial assistance. Apply for assistance rather than assuming you don’t qualify.
4. Home test kits are available but are not recommend because they tend to be inaccurate.
5. If your home receives a Lead-Safe Certificate, keep this where you file important homeownership papers. This will be valuable if you decide to sell your home.
6. When you’re planning to remodel or renovate your home, be sure to take lead-safe precautions. You should read Lead Paint Safety: A Field Guide for Painting, Home Maintenance, and Renovation Work, a booklet provided by the EPA. This and other helpful publications are available on their website.
The ACCESS Agency has been serving Windham and Tolland Counties since 1965 through programs designed to promote self-sufficiency and economic independence. For information, please contact John Latour at 860-450-7173 or john.latour@accessagency.org.
Resources on Lead Safety
Connecticut Department of Public Health (DPH)
www.dph.state.ct.us
860-509-7299
Environmental Protection Agency (EPA)
www.epa.gov
888-372-7341 (New England Customer Call Center)
U.S. Department of Housing and Urban Development (HUD)
www.hud.gov
860-240-4800 (Connecticut office)