(a) The following activities shall be completed before the purchaser or lessee is obligated under any contract to purchase or lease target housing that is not otherwise an exempt transaction pursuant to § 35.82. Nothing in this section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.
(1) The seller or lessor shall provide the purchaser or lessee with an EPA-approved lead hazard information pamphlet. Such pamphlets include the EPA document entitled Protect Your Family From Lead in Your Home (EPA −747-K-94-001) or an equivalent pamphlet that has been approved for use in that State by EPA.
(2) The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.
(3) The seller or lessor shall disclose to each agent the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased and the existence of any available records or reports pertaining to lead-based paint and/or lead-based paint hazards. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.
(4) The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. This requirement includes records and reports regarding common areas. This requirement also includes records and reports regarding other residential dwellings in multifamily target housing, provided that such information is part of an evaluation or reduction of lead-based paint and/or lead-based paint hazards in the target housing as a whole.
(b) If any of the disclosure activities identified in paragraph (a) of this section occurs after the purchaser or lessee has provided an offer to purchase or lease the housing, the seller or lessor shall complete the required disclosure activities prior to accepting the purchaser's or lessee's offer and allow the purchaser or lessee an opportunity to review the information and possibly amend the offer.
(Approved by the Office of Management and Budget under control number 2070-0151)
[61 FR 9082, Mar. 6, 1996, as amended at 64 FR 14382, Mar. 25, 1999]
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 2000–2024 · leading case:
Randall v. LACONIA, NH, 679 F.3d 1 (1st Cir. 2012).
Randall v. LACONIA, NH, 679 F.3d 1 (1st Cir. 2012).
· cites it 2× “See 24 C.F.R. § 35.88 (a) (Housing and Urban Development); 40 C.”
G.M.M. v. Kimpson, 92 F. Supp. 3d 53 (E.D.N.Y 2015).
· cites it 4× “See 24 C.F.R. § 35.88 (a)(1) (requiring that lessors provide lessees with an EPA-approved lead hazard pamphlet and specifying what EPA documents it must contain), 40 C.”
Ayres v. United States, 66 Fed. Cl. 551 (Fed. Cl. 2005).
“§ 4852d(a)(3); see also 24 C.F.R. §§ 35.88 , 35.90; Gov’t App. at 2, Section J.”
Rakhman v. Alco Realty I, L.P., 27 Misc. 3d 1142 (N.Y. Sup. Ct. 2010).
· cites it 4× “It contends that it discarded its records of compliance with the lead paint disclosure form mandate three years after plaintiff Rivas moved into the apartment in accordance with the retention schedule set forth in 24 CFR 35.”
Rakhman v. Alco Realty I, L.P., 81 A.D.3d 424 (N.Y. App. Div. 2011).
“Defendant’s explanation that it satisfied its onetime obligation to submit a lead paint disclosure certification when plaintiff first moved into the building in 1997, pursuant to 24 CFR 35.88 and 35.92, is unavailing, since satisfaction of federal requirements does not except…”
Benton v. Berkshire Richmond LLC (E.D. Va. 2024).
· cites it 2× “ad hazard information pamphlet”; (2) disclose to lessees the presence of, and any information about, “known lead-based paint and/or lead-based paint hazards” in the building; (3) disclose to each agent the same information regarding any “known lead-based paint and/or lead-based…”
Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (N.Y. City Civ. Ct. 2003).
· cites it 2× “Respondent’s fifth counterclaim argues that petitioner had a duty to disclose to the respondent prior to the execution of a lease whether it had any knowledge of lead-based paint hazards in the apartment pursuant to 24 CFR 35.88 (a). Pursuant to the Lead Paint Act ( 42 USC §…”
Kearney v. Elias (D.N.H. 2008).
· cites it 2× “24 C.F.R. § 35.88 (a)(3). They further provide that "[t]he seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint or lead-based paint hazards in the target housing being sold or leased.”
Emmanuel Appiah-Kubi v. Tom Manus (Mich. Ct. App. 2019).
“See 24 CFR 35.88(a) (“Nothing in this section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.”
— 24 C.F.R. § 35.88(a) — 1 case
Emmanuel Appiah-Kubi v. Tom Manus (Mich. Ct. App. 2019).
“See 24 CFR 35.88(a) (“Nothing in this section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.”
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