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Is my home unsafe if it contains lead-based paint?
Answer: Approximately three-quarters of the nation’s housing built before 1978 contains some lead-based paint. This paint, if properly managed and maintained, poses little risk. If allowed to deteriorate, lead from paint can threaten the health of occupants, especially children under six years old. If families and building owners are aware…
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Can the inspection/risk assessment period for testing a house for lead be waived?
Answer: Yes. The inspection or risk assessment period can be lengthened, shortened, or waived by mutual written consent between the purchaser and the seller. Question Number: 23002-33224 Find a printable PDF copy of all frequent questions pertaining to lead .
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As a seller and lessor, what if I'm selling target housing?
Answer: Property owners who sell target housing must: Disclose all known lead-based paint and lead-based paint hazards in the housing and any available reports on lead in the housing; Give buyers the EPA pamphlet "Protect Your Family from Lead in Your Home"; Include certain warning language in the contract as…
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What if the lessor knows that there is no lead-based paint in my rental housing?
Answer: If your rental housing has been found to be free of lead-based paint by a certified inspector, the Real Estate Notification and Disclosure Rule does not apply. Question Number: 23002-33220 Find a printable PDF copy of all frequent questions pertaining to lead .
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What if the buyers/renters don't speak English?
Answer: In cases where the buyer or renter signed a purchase or lease agreement in a language other than English, the rule requires that the disclosure language be provided in the alternate language. " Protect Your Family From Lead In Your Home " in English. Protect Your Family From Lead…
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Is my EPA renovator certification accepted in all states and tribal areas?
Answer: Not necessarily. Whether to accept certification from another jurisdiction is up to the individual state or tribal area. EPA cannot compel states or tribes to adopt programs identical to the Federal program or to establish reciprocity provisions. However, EPA continues to encourage states and tribes that may be considering…
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Will regulated entities have to perform retroactive requirements based off of the November 12, 2024 final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416)?
Answer: No. The November 12, 2024 final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416) does not impose retroactive requirements to regulated entities that have previously complied with the Disclosure Rule. In accordance with 40 CFR 745.107, a seller or lessor generally…
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What is the purpose of the EPA and HUD Real Estate Notification and Disclosure Rule and who is affected?
Answer: To protect the public from exposure to lead from paint, dust, and soil, Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X. Section 1018 of this law directed HUD and EPA to require disclosure of information on lead-based paint and lead-based paint…
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Are mortgage lenders liable under these rules if the seller or lessor fails to disclose?
Answer: Under the disclosure regulation, the rule does not identify mortgage lenders as liable parties. This rule does not affect other state and federal provisions regarding the obligations and responsibilities of lenders. Question Number: 23002-33229 Find a printable PDF copy of all frequent questions pertaining to lead .
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How does the EPA and HUD Real Estate Notification and Disclosure Rule apply to housing common areas such as stairwells, lobbies, and laundry rooms?
Answer: Common areas are those areas in multifamily housing structures that are used or are accessible to all occupants. The EPA and HUD Real Estate Notification and Disclosure Rule requires that sellers and lessors disclose available lead information about common areas so that families can be informed about preventive actions…
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What if I'm renting target housing?
Answer: Property owners who rent out target housing must: Disclose all known lead-based paint and lead-based paint hazards in the home and any available reports on lead in the housing; Give renters the EPA pamphlet "Protect Your Family From Lead in Your Home"; Include certain warning language in the lease…
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My firm is certified by an authorized state. Does this certification allow my firm to work in EPA-administered jurisdictions?
No. You must apply for and receive EPA certification before offering, performing, or claiming to perform renovations covered by the RRP Rule in EPA-administered jurisdictions. Question Number: 23002-19752 Find a printable PDF copy of all frequent questions pertaining to lead .
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What is the responsibility of an agent if the seller or landlord fails to comply with the EPA and HUD Real Estate Notification and Disclosure Rule?
Answer: The agent is responsible for informing the seller or lessor of his or her obligations under the EPA and HUD Real Estate Notification and Disclosure Rule . In addition, the agent is responsible if the seller or lessor fails to comply. However, an agent is not responsible for information…
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If I completed renovator training in an authorized state, what do I need to do to work for an EPA certified firm in EPA-administered jurisdictions?
Answer: There are no additional requirements. To become a certified renovator or certified dust sampling technician, an individual must successfully complete the appropriate course accredited by EPA or by an EPA-authorized state or tribal program. The course completion certificate serves as proof of certification. For a list of states, tribes…
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When are the compliance and effective dates for the dust-lead reconsideration rulemaking and for the dust-leave reporting level and dust-lead clearance levels?
Answer: The November 12, 2024 final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416) is effective on January 13, 2025. Compliance for some elements of the final rule, such as the revisions to the dust-lead reportable level (DLRL) and dust-lead action level…
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