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. § 745.103

Definitions

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The following definitions apply to this subpart.

The Act means the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d.

Agent means any party who enters into a contract with a seller or lessor, including any party who enters into a contract with a representative of the seller or lessor, for the purpose of selling or leasing target housing. This term does not apply to purchasers or any purchaser's representative who receives all compensation from the purchaser.

Available means in the possession of or reasonably obtainable by the seller or lessor at the time of the disclosure.

Common area means a portion of a building generally accessible to all residents/users including, but not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, and boundary fences.

Contract for the purchase and sale of residential real property means any contract or agreement in which one party agrees to purchase an interest in real property on which there is situated one or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

EPA means the Environmental Protection Agency.

Evaluation means a risk assessment and/or inspection.

Foreclosure means any of the various methods, statutory or otherwise, known in different jurisdictions, of enforcing payment of a debt, by the taking and selling of real property.

Housing for the elderly means retirement communities or similar types of housing reserved for households composed of one or more persons 62 years of age or more at the time of initial occupancy.

HUD means the U.S. Department of Housing and Urban Development.

Inspection means:

(1) A surface-by-surface investigation to determine the presence of lead-based paint as provided in section 302(c) of the Lead-Based Paint Poisoning and Prevention Act [42 U.S.C. 4822], and

(2) The provision of a report explaining the results of the investigation.

Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

Lead-based paint free housing means target housing that has been found to be free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate Federal agency.

Lessee means any entity that enters into an agreement to lease, rent, or sublease target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.

Lessor means any entity that offers target housing for lease, rent, or sublease, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.

Owner means any entity that has legal title to target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations, except where a mortgagee holds legal title to property serving as collateral for a mortgage loan, in which case the owner would be the mortgagor.

Purchaser means an entity that enters into an agreement to purchase an interest in target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.

Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.

Residential dwelling means:

(1) A single-family dwelling, including attached structures such as porches and stoops; or

(2) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the residence of one or more persons.

Risk assessment means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in residential dwellings, including:

(1) Information gathering regarding the age and history of the housing and occupancy by children under age 6;

(2) Visual inspection;

(3) Limited wipe sampling or other environmental sampling techniques;

(4) Other activity as may be appropriate; and

(5) Provision of a report explaining the results of the investigation.

Secretary means the Secretary of Housing and Urban Development.

Seller means any entity that transfers legal title to target housing, in whole or in part, in return for consideration, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations. The term “seller” also includes:

(1) An entity that transfers shares in a cooperatively owned project, in return for consideration; and

(2) An entity that transfers its interest in a leasehold, in jurisdictions or circumstances where it is legally permissible to separate the fee title from the title to the improvement, in return for consideration.

Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing).

TSCA means the Toxic Substances Control Act, 15 U.S.C. 2601.

0-bedroom dwelling means any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.

[61 FR 9085, Mar. 6, 1996, as amended at 89 FR 89458, Nov. 12, 2024]
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1999–2024 · leading case: Antwaun A. Ex Rel. Muwonge v. Heritage Mut. Ins., 596 N.W.2d 456 (Wis. 1999).
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Antwaun A. Ex Rel. Muwonge v. Heritage Mut. Ins., 596 N.W.2d 456 (Wis. 1999). · cites it 2× “40 C.F.R. § 745.103 (1999); 24 C.F.R. § 35.”
Roberts v. Hamer, 655 F.3d 578 (6th Cir. 2011). “See 40 C.F.R. § 745.103 ; 24 C.F.R. § 35.86 & Comment IV(C)(9).”
Mason Ex Rel. Heiser v. Morrisette, 403 F.3d 28 (1st Cir. 2005). · cites it 2× “” 40 C.F.R. § 745.103 ; 24 C.F.R. § 35.86 .”
Vidiksis v. Env't Prot. Agency, 612 F.3d 1150 (11th Cir. 2010). “1 40 C.F.R. § 745.103 . The Lead Hazard Act provides that a violation of the Disclosure Rule is considered a prohibited act under section 409 of the Toxic Substances Control Act (“TSCA”).”
Sweet v. Sheahan, 235 F.3d 80 (2d Cir. 2000). “See 40 C.F.R. § 745.103 ; 61 Fed. Reg. at 9069-71 (explaining added definitions).”
G.M.M. v. Kimpson, 92 F. Supp. 3d 53 (E.D.N.Y 2015). “86 ; 40 C.F.R. § 745.103 (same). The statute details the specific language to be used in the warning statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present…”
Cudjoe v. Dep't of Vets. Affairs, 426 F.3d 241 (3rd Cir. 2005). “” 40 C.F.R. § 745.103 . 4 . Cudjoe speculates that Congress may have intended to permit plaintiffs to file tort suits against the United States directly under 15 U.”
Goolsby v. Best in Neighborhood LLC (N.D. Ohio 2022). · cites it 2× “” 40 C.F.R. § 745.103 . A plain and natural reading of § 4852d shows Congress and the EPA intended to set standards for seller, lessors, and agents of target property.”
Page v. Corvias Grp., LLC (E.D.N.C. 2021). “” 40 CFR. § 745.103. 21 based paint hazards in homes built before 1978, not merely to make reports and records regarding those homes available to lessees.”
Benton v. Berkshire Richmond LLC (E.D. Va. 2024). “86 (HUD); 40 C.F.R. § 745.103 (EPA); see 42 U.S.C. § 4852d(a)(3).”
Gladysz v. Desmarais et al., 2003 DNH 044 (D.N.H. 2003). · cites it 2× “" 40 C.F.R. § 745.103 (2002); 24 C.F.R. § 35.”
Sáez Navarro v. Banco Santander, 15 T.C.A. 891 (2009). “86 ; 40 CFR § 745.103 . Ello en vista de que ese fue el año en que la Comisión para la Seguridad de los Productos de Consumo, Consumer Product Safety Commission, prohibió el uso de la pintura a base de plomo.”
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