C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER R—TOXIC SUBSTANCES CONTROL ACT › PART 745—LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES › Subpart F—Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property

40 C.F.R. § 745.101

Scope and applicability

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This subpart applies to all transactions to sell or lease target housing, including subleases, with the exception of the following:

(a) Sales of target housing at foreclosure.

(b) Leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program. Until a Federal certification program or federally accredited State certification program is in place within the State, inspectors shall be considered qualified to conduct an inspection for this purpose if they have received certification under any existing State or tribal inspector certification program. The lessor has the option of using the results of additional test(s) by a certified inspector to confirm or refute a prior finding.

(c) Short-term leases of 100 days or less, where no lease renewal or extension can occur.

(d) Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under § 745.107 and where no new information described in § 745.107 has come into the possession of the lessor. For the purposes of this paragraph, renewal shall include both renegotiation of existing lease terms and/or ratification of a new lease.

Notes of Decisions
Cited in 4 cases, 2000–2007 · leading case: Morris v. Flaig, 511 F. Supp. 2d 282 (E.D.N.Y 2007).
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Morris v. Flaig, 511 F. Supp. 2d 282 (E.D.N.Y 2007). · cites it 2× “Lease renewals are covered by 40 C.F.R. § 745.101 , which provides that This subpart applies to all transactions to sell or lease target housing .”
Sipes Ex Rel. Slaughter v. Russell, 89 F. Supp. 2d 1199 (D. Kan. 2000). · cites it 3× “Lease renewals are covered by 40 C.F.R. § 745.101 (d), which provides: This subpart applies to all transactions to .”
Sweet v. Sheahan, 235 F.3d 80 (2d Cir. 2000). “See 40 C.F.R. § 745.101 (a)-(d); 61 Fed. Reg.”
Dixon v. South Boston Corp., 68 Va. Cir. 458 (Richmond County Cir. Ct. 2005). “” Plaintiff argues that federal regulation 40 C.F.R. § 745.101 (d) required Homes ‘N Land to disclose information they received in April of 2003 at least at the time of the July 2003 and July 2004 lease renewals.”
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