(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 § 745.101. 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 or reports regarding common areas. This requirement also includes records or 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.
Notes of Decisions
Sipes Ex Rel. Slaughter v. Russell, 89 F. Supp. 2d 1199 (D. Kan. 2000).
· cites it 6× “Slaughter was a lessee, (2) defendant was a lessor who failed to make the proper disclosures under 40 C.F.R. § 745.107 , (3) the leased property was target housing, and (4) the contract was signed after the effective dates in 40 C.”
Morris v. Flaig, 511 F. Supp. 2d 282 (E.D.N.Y 2007).
· cites it 3× “§§ 4852d(a)(l)(A)-(C); see also 40 C.F.R. §§ 745.107 (a)(l)-(2) & (4); 40 C.”
Roberts v. Hamer, 655 F.3d 578 (6th Cir. 2011).
“See 40 C.F.R. § 745.107 (a)(1), (2); see also Sweet v.”
G.M.M. v. Kimpson, 92 F. Supp. 3d 53 (E.D.N.Y 2015).
· cites it 5× “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.F.R. § 745.107 (a)(1) (same); 24 ' C.”
Price v. Hickory Point Bank & Trust, 841 N.E.2d 1084 (Ill. App. Ct. 2006).
“107 of the regulations ( 40 C.F.R. § 745.107 (2000)), which provides that lessors must provide lessees with a lead hazard information pamphlet approved by the Environmental Protection Agency.”
Vidiksis v. Env't Prot. Agency, 612 F.3d 1150 (11th Cir. 2010).
“See 40 C.F.R. §§ 745.107 , 745.113. “Target housing” is defined as “any housing constructed prior to 1978.”
United States v. Michael Moshe Shimshoni, 631 F. App'x 788 (11th Cir. 2015).
· cites it 4× “of the 17th Avenue Property: (1) a lead warning statement with federally prescribed language; (2) a statement disclosing the presence of any known lead-based paint; (3) a list of any records or reports of lead-based paint; and (4) a statement by each tenant affirming the receipt…”
Young v. Haviland Prop. (Vt. Super. Ct. 2026).
· cites it 3× “” 40 C.F.R. § 745.107 (a). Otherwise, nothing in the Act indicates any intent to wholly supplant ordinary contract law principles in underlying transactions.”
Benton v. Berkshire Richmond LLC (E.D. Va. 2024).
· cites it 2× “88 (a) (HUD); 40 C.F.R. § 745.107 (a) (EPA). These regulations do not impose a duty on a landlord to inspect or to remediate.”
Emmanuel Appiah-Kubi v. Tom Manus (Mich. Ct. App. 2019).
“”); see also 40 CFR 745.107(a). Thus, the fact that Tom Manus knew or should have known that the property at issue contained lead-based paint, did not by itself establish any duty beyond providing the disclosure required under federal law.”
United States v. Boulder Mansion LLC (D. Colo. 2022).
“” 40 C.F.R. § 745.107 (a)(2). Chipped paint is one such “lead-based hazard” that a landlord of target housing is obligated to disclose.”
— 40 C.F.R. § 745.107(a) — 1 case
Emmanuel Appiah-Kubi v. Tom Manus (Mich. Ct. App. 2019).
“”); see also 40 CFR 745.107(a). Thus, the fact that Tom Manus knew or should have known that the property at issue contained lead-based paint, did not by itself establish any duty beyond providing the disclosure required under federal law.”
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